Excelsior Correspondent
SRINAGAR, Oct 7: The State High Court has directed for personal appearance of Deputy Commissioner Shopian for his failure to retrieve the encroached Government land despite court directions.
The personal appearance of DC Shopian has been sought by Justice Ali Mohammad Magrey while dealing with a contempt petition alleging therein that the basic judgment passed by the Court has not been complied with.
Court in 2015 had directed the Secretary Revenue, Divisional Commissioner Kashmir, Deputy Commissioner Shopian and other subordinates of Revenue Department to ensure retrieving of ‘Kahcharai’ land and other State land from the encroachers in general and from the parties in the petition in particular in tune with Supreme Court ruling cited as Jagpal Singh and Others Versus State of Punjab.
Court had also observed that it is duty of the State to remove encroachments from the State land especially ‘Kahcharai’ wherever it exists and, in doing so, they do not need any specific direction from the Court.
“….even otherwise there exists a fool proof mechanism in the shape of relevant Rules and Acts those need to be followed in this behalf”, Justice Magrey had said.
Authorities have admitted that a big chunk of ‘Kahcharai’ land and State land (Gair Mumkin Kohl) has been encroached by Bashir Ahmad Mir, Shakeel Ahmad Mir and Ghulam Nabi Mir residents of Badigam of district Shopian and by the petitioner-Ghulam Nabi Mir of Maldar, Shopian
It was further directed that out of the land an area of 10 marlas, shall be subject to the decision that shall be taken by the authorities on an application pending for such consideration if the exchange offered is not found feasible the said land shall also be retrieved.
Responding the notice issued by the court in the instant contempt petitition DC Shopian, has filed the statement of facts and has stated therein that anti encroachment drive in villages Turkawangam, Maldaira of Tehsil Chitragam had been under taken and some land from Mirs and land measuring 22 kanal & 16 marlas grabbed by the petitioner-Mir itself.
For retrieving the State land from the encroachers, DC Shopian further stated that a committee of officers has been constituted which is headed by SDM Zainapora.
“It is however, not disclosed in the statement of facts as to what steps the committee has taken to ensure retrieval of State land”, court said.
When asked advocate Mohammad Amin Rathore (AAG) appearing for Revenue Department submitted that the committee could not show any positive result as there was unrest in the Valley for seven months in the year 2016. He could not, however, justify the inaction of committee from November, 2016 onwards.
“In the above background DC Shopian, shall appear in person and explain as to why he has not implemented the judgment. He shall also file compliance by or before the next date viz November, 9”, Justice Magrey directed.
Court has also made it clear that about 10 marlas of State land for which an application has been submitted by the applicants to the authorities about exchange of land, if such consideration has not been found feasible by the authorities then those 10 marlas shall be retrieved from them.
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