Early Times Report
Srinagar, May 7: The authorities are duty bound to remove encroachments from 'Kahcharai' land wherever it exists and need no fresh directions by the court, the state High Court has said.
"In a number of other matters, such directions have been passed and even otherwise there exists a fool proof mechanism in the shape of the relevant Rules and Acts those need to be followed in this behalf," a bench of Justice Ali Mohammad Magrey said while disposing of a petition seeking directions to remove encroachment on 'Kahcharai Land' at Turkawangam Shopian in south Kashmir district. The petitioner had submitted that despite informing authorities that a big chunk of 'kahcharai land' has been illegally occupied by two persons, there was no action.
The government in its response admitted that the kahcharai land has been encroached upon and the encroachers include the petitioner besides the two persons. Deputy Commissioner Shopian in compliance report informed the court that case of the two persons for exchange of the land was pending consideration. The petitioner, the deputy commissioner said, was in illegal possession of 16 kanals of land of Shamilat himself whereas the two persons are in illegal possession of 'kahcharai' land having constructed a residential house thereupon.
"It is admitted case that the respondents 6 to 8 (the two persons) as well as the petitioner are illegally occupying the Kahcharai Land and the state land respectively, therefore, allowing them to retain the said land would amount to authorizing the wrong," the court said, adding, "The court has time and again maintained that it cannot act as a mute spectator to whatever wrong is brought to its notice."
In fact, the court said, all endeavors shall be made to ensure that the majesty of law was not only protected but uplifted also. |
