HC orders for demarcation of JDA land No procedure followed in JDA’s entry in revenue records; admits govt Jammu : In a much publicized PIL interest Litigation regarding land grabbing, Today A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Tashi Rabstan in a very significant order directed demarcation of JDA Land. When the PIL came-up for hearing, Division Bench observed that in pursuance of order dated November 12, 2014 passed by this Court, Status reports on behalf of Jammu Development Authority and Deputy Commissioner, Jammu have been filed. In principle, it has been agreed by both the authorities to undertake the demarcation process of the land which was allotted to JDA by the State Government so as to avoid any encroachment on this open land. In the status report filed by the Deputy Commissioner, Jammu, it has been admitted that more than 40 years have been lapsed after passing of Government Order No. 46 of 1973 and 10 years have been lapsed after passing of Roshni Order, but no report is forthcoming to show that any detailed survey was conducted either by the Revenue Department or by the JDA. In the revenue record, the name of JDA has been entered in Girdarwari Register without following due procedure resulting in lot of confusion. Accordingly, a detailed order covering the aforesaid issues has been passed and committees have been constituted for demarcation of land and to dispose of all the cases in time bound manner. A perusal of status report dated 01.12.2014 would show a tentative schedule for demarcation of the land and constitution of the committees for Jammu North and Jammu South. The tentative dates for demarcation of land have been fixed between 26.12.2014 to 10.04.2015. Another status report has been filed by JDA by giving details of correspondence between JDA and the Deputy Commissioner, Jammu. In the said status report, it has been specifically highlighted that JDA has furnished the document pertaining to the total quantum of land transferred to JDA village wise and khasra number-wise which is compiled on the basis of the revenue extracts procured from the concerned District Revenue record. The Divisional Commissioner, Jammu was also apprised with regard to demarcation of JDA land. Deputy Commissioner, Samba has also issued schedule for demarcation of JDA land in Samba District, but the same could not be matured on account of floods. The JDA in its status report has also filed a communication dated 20.11.2014 showing that there are fourteen locations which are vulnerable to encroachments. Divisions Bench further observed that Deputy Commissioner Jammu would be well advised to undertake the demarcation of the aforesaid 14 locations on priority basis so that there is no immediate encroachment on this open land. Adv SS Ahmed has made two submissions before us which are supported by learned counsel for JDA, Adv Sindhu and Adv Adarsh Sahrma. According to the counsel, the land which is to be demarcated is a open land and there is apprehension that the powerful lobbies of encroachers might resist the demarcation process and therefore, police cell to execute the demarcation work be provided. It has also been submitted that demarcation be carried in accordance with the provisions of Land Revenue Act and the Rules framed thereunder. Division Bench after hearing both the sides observed that we are of the view that at last, the authorities have been able to see the reasons in various orders passed by this Court from time to time and demarcation process is in the offing. We wish that the schedule given by the Deputy Commissioner, Jammu is strictly adhered to and the demarcation is carried in accordance with Rules 17 and 18 or any other rule of the J&K Land Revenue Rules 1969. These rules have been framed under the various provisions of J&K Land Revenue Act, 1996. We further clarify that if demarcation teams face any resistance from any encroacher whosoever powerful he may be, then the DGP of the State is directed to send police help through its various agencies. The apprehension expressed by Mr. Ahmed should be completely allayed by the timely police help without any bias so that the demarcation teams may discharge their duties in accordance with law without fear or ill will. The demarcation shall preferably be video-graphed. The Regional Director, Survey and Records who is also known as Director Land Records, Jammu is also directed to associate with the demarcation process and the local issues between JDA and the Revenue Department should be sorted out by holding meetings to be presided over by Divisional Commissioner, Jammu. All the stakeholders shall ensure quick and efficient execution of the schedule provided by the Deputy Commissioner, Jammu. Division Bench further said that Needless to observe that this Court being the Custodia Legis, directs that no petition or other litigation shall be entertained by any other forum and the same should be listed before the First Division Bench. In order to gaze progress made, Division Bench directed the Registry to list the matter in the 2nd week of February, 2015. It is needless to specify that this order would confine to JDA land only. JNF
Posted on: Thu, 11 Dec 2014 05:55:00 +0000
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