Excelsior Correspondent
SRINAGAR, Mar 9: The High Court has quashed an order issued by the authorities for shifting of a village from one tehsil to another by observing the decision of authorities overlooked the hardships faced by the residents of the area.
Justice M A Chowdhary has quashed the decision of the Government whereby a village in district Ramban was shifted from one tehsil to another. The court said the decision taken by the authorities overlooked the hardships faced by residents in the challenging mountainous terrain.
In the impugned order, it directed the inclusion of Revenue village Dhanmasta in Niabat Neel of Ramsoo tehsil, instead of its earlier administrative placement in Pogal Paristan with headquarters at Ukhral.
The court said that the Government cannot override a statutory notification through a simple administrative order and must take into account the geographical realities and convenience of residents. “The Government order cannot supersede a statutory notification issued in the form of SRO,” the court observed
The plea was filed by at least 13 residents of Dhanmasta in Pogal Paristan tehsil of Ramban district, including several former panchayat representatives.
The court has been informed that Dhanmasta village is not a single settlement but a cluster of scattered hamlets, including Dhanmasta, Silli, Batroo, Dharni, Oglin, Dardanbat, Ahma, Kawalin, Khudmulla, Tajnihal, Rounigam, Kharwan and Dhak. The counsel representing the aggrieved residents argued that historically the village had been part of Banihal tehsil and later became part of Pogal Paristan tehsil after the Government reorganised administrative units through SRO 443 of 2014.
“Administrative restructuring may be a policy matter, the Government must still consider the convenience of the people who interact with such offices as administrative headquarters serve the public directly, decisions about their jurisdiction must account for public convenience”, Justice Chowdhary said.
The Government, court added, is not supposed to take a decision for its sake but has to take an objective decision having regard to the criteria, keeping in view the convenience of the local population of the area and concluded that the Government order under challenge has been issued without proper application of mind and in violation of statutory procedures.
While granting relief to the petitioners, the court directed the Government to reconsider the issue in accordance with the law and only after hearing from the residents of the village. Until such a decision is taken, the court ruled that Dhanmasta will continue to remain within Niabat Ukhral (Khas) of the Pogal Paristan tehsil.
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