HC for evicting, retrieving of State land

Excelsior Correspondent
Srinagar, Sept 28: The High Court has directed the authorities to retrieve a big chunk of Stand land in North Kashmir’s Bandipora district after evicting the unauthorized occupants within a period of six months.
Justice Sanjeev Kumar directed the Deputy Commissioner, Bandipora, and the Revenue Officers subordinate to him to ensure that the illegally encroached grazing land approximately 160 kanals and 19 marlas in Estate Bonakoot is retrieved after evicting the unauthorized occupants.
Court directed for concluding the exercise within a period of six months from the date a certified copy of this order is served upon the Deputy Commissioner, Bandipora.
Court further directed the Assistant Commissioner, Revenue, Bandipora, to ensure that the proceedings undertaken by him are concluded within a period of six months and Shamilat land is partitioned on pro-rata basis in accordance with law.
These directions were passed in a plea filed by the villages of Bonakoot seeking quashing of order passed by Deputy Commissioner, Bandipora, whereby claim of the petitioners for compensation in lieu of Shamilat land has been rejected. The petitioners also pray for a direction to the official respondents to retrieve the excess Shamilat land situated at Mouza Bonakoot Tehsil Bandipora from the illegal occupants.
Court rejected the order of the DC Bandipora as devoid of any merit and directed the compensation payable for the Shamilat land acquired by the Government shall depend upon the result of partition. The co-sharer, who is allocated the land which stands acquired, alone shall be entitled to receive compensation from the concerned Collector Land Acquisition.
In compliance to the court directions a report filed by the Deputy Commissioner reveals that there is a big chunk of grazing land measuring 1618 kanals and 11 marlas in village Bonakoot and out of the land, approximately 160 kanals and 19 marlas are under various types of encroachment.
It was also clarified by the Deputy Commissioner that the petitioners and the private respondents were not in illegal occupation of grazing land. It has also come in the report of the Deputy Commissioner, Bandipora, that survey No.4129/4108/67 is recorded as Shamilat land, which is as good as proprietary land on pro-rata basis.
In the report, the Deputy Commissioner has also indicated that the process for eviction of illegally encroached land is being undertaken in a phase-wise manner and all encroachments from grazing land/State land would be evicted accordingly.