We have been vilified in public domain as encroachers: Safia Abdullah

Srinagar encroachers list fake: Govt

Excelsior Correspondent

SRINAGAR, Feb 6: The Government today told the High Court that the list of the encroachers that has gone viral on social media is fake.
The Government was responding to a petition filed by Safia Abdullah, daughter of National Conference President, Dr Farooq Abdullah in which she had challenged her eviction from the house which is on alleged State land situated at Gupkar Road.
The Government counsel informed the court that the list of encroached land placed on record by Safia is not authentic and genuine.
Safia later took to twitter saying that for week they have been vilified in the public domain as encroachers.
“On Saturday I went to court against the Government. For weeks we have been vilified in the public domain as encroachers. All I wanted was for our valid live lease to be acknowledged and for our three homes to be taken off the encroachment list. I achieved my aim,” she tweeted.
Senior AAG Mohsin Qadri submitted before the court that the impugned list is not the part of the Circular which has been issued by the Government vide No. 020JK (Rev) of 2023 dated 09.01.2023 with regard to encroached State land as such no cause of action has accrued to the petitioner to file the present writ petition.
Advocate Qadri further added that as on date the petitioner-Abdullah does not figure in the list of the encroachers against whom the action is being taken or likely to be taken by the respondents and, therefore, the writ petition deserves to be dismissed at this stage.
“In view of the aforesaid categoric statement made by counsel for the respondents, the present writ petition has been filed on mere apprehensions and thus, is not maintainable. At this stage, after arguing for a while, counsel for the petitioner sought leave of the Court to withdraw the writ petition. His statement is taken on record. Accordingly, in view of the above, the writ petition is dismissed as withdrawn along with all connected miscellaneous applications”, read the order passed by the court of Justice Wasim Sadiq Nargal.
The specific case set up by the petitioner in the petition was that the respondent-authorities have issued the impugned list in furtherance of Circular No. 02- JK(Rev) of 2023 dated 09.01.2023, put in public domain with regard to eviction of alleged unauthorized occupants from Government/State land, inasmuch as, it pertains to the land of petitioner measuring 2 Kanals 14 Marlas and 138 Sqft falling under Khasra No. 8 and 8/1 situate in Estate Sonwar Tehsil North Gupkar Srinagar.
The land was leased out to the petitioner vide Government Order No. Rev (NDK) 02 of 2011 dated 04.01.2011 read with Government Order No. Rev(NDK) 16 of 1989 dated 23.02.1989 read with Government Order No. Rev (NDK) 08 of 20009 and Lease Deed dated 01.12.1976 being valid, subsisting and in force till 26.08.2026 and illegally and unlawfully shown to have encroached the land at Item No. 4299 and 4312 of the said list.
Her counsel further pleaded that on the expiry of the aforesaid period of 40 years, the lease hold rights for the aforesaid land were extended by the Government vide Order No. Rev (NDK) 16 of 1989 dated 23.02.1989 for a period of further 40 years w.e.f. 26.08.1988 and on the death of Tariq Abdullah in the year 2006, who was the original lessee of the aforesaid land, the lease hold rights as well as rights pertaining to the house constructed on the said land being inheritable, devolved upon his legal heirs being Dr. Mustafa Kamal, Khalida Shah, Suriya Shah and Dr. Farooq Abdullah and the same was duly recorded in the Mutation Order No. 2712.