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| HC upholds construction of Panchayat Ghar on common land | | | Early Times Report
Srinagar, Feb 28 : While upholding construction of Panchayat Ghar and development of playground on 'Kahcharai' land, the state high court has directed eviction of private commercial establishments like shops, residential houses and stone crushers from identical land in Kangan area of central Kashmir's Ganderbal district. Disposing of a petition filed by four persons in representative capacity on behalf of the inhabitants of Mouza Chinner Kangan in Ganderbal district, a single bench of court comprising Justice Bansi Lal Bhat directed Chief Secretary of the state to ensure eviction of commercial establishments like shops, stone crushers and private residential houses as per the directions by Supreme Court of India. The case of the petitioners is that land measuring 158 Kanals and 17 marlas (Khasra No. 548/378) and land measuring 99 Kanals (Khasra No. 415/379) situated at Mouza Chinner, Tehsil Kangan, District Ganderbal, having been exclusively reserved for grazing purposes, is being used by the inhabitants of village Chinner for the purpose. The land is said to be recorded as Mehfooz Kahcharai in revenue records. However, the petitioners said the State functionaries under the supervision of the Deputy Commissioner, Ganderbal, allegedly raised constructions in the land to the detriment of legal rights of the petitioners who used the land for grazing purposes. Meanwhile, a Commissioner appointed by court in his report submitted that the land is divided into two parts by a link road proceeding from National Highway to village Chinner. A number of shops have been constructed on either side of the link road, to be precise, 5 shops on the right side and four shops on the left side. There are two small shops and a small residential house located behind the four shops on left side of the link road, a building owned by Doordarshan Kendra, a Grid Station of PDD and a structure occupied by Women Development Corporation, the commissioner said. The playground exists on the right side of the road and the Panchayat Ghar has been raised to the level of first storey on the right side of the road. "Bearing in mind the report of the Commissioner and the stand taken by the official respondents besides the ratio of the judgment supra, this petition is disposed of by holding that the petitioners claim in so far as construction of Apna Panchayat Ghar and development of Playground for common benefit of residents of the village is dismissed," the court said. So far as usurpation of the land by setting up of private commercial establishments like shops and stone crushers and raising of private residential houses is concerned, the court directed the State functionaries to take action for eviction of the illegal encroachers, trespassers in terms of the judgment of the apex Court in Jagpal Singh v/s State of Punjab reported and restore the land for the common benefit of the villagers. "The exercise shall be done as expeditiously as possible, preferably within a period of six months," the court said and directed Chief Secretary of the State to file compliance report. |
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