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| HC directs ACR Jammu to fix responsibility of erring officials | | Illegal possession of land with connivance of Revenue Staff | | EARLY TIMES REPORT
JAMMU, June 16: The J&K High Court today directed ACR Jammu to fix the responsibility of erring officials who were allegedly in connivance with the petitioner in illegal possession of land.
In the petition filed by one Prem Singh challenging the communication dated 4th of July, 2020, issued by respondent No 6 and addressed to respondent No 4, whereby request has been made to the later to ensure the presence of concerned Tehsildar along with revenue officials and police force to avoid any objection or resistance from the local people for acquiring land for construction of Receiving Station at Greater Kailash under Central Sponsored Scheme PMDP Urban and Certificate dated 6th of July, 2020, whereby the authorities of Power Development Department have claimed to have taken over the possession of State land measuring 2 kanals falling in Khasra No 96 in village Chowadhi for construction of Receiving Station and Communication of respondent No.5 dated 25th of June, 2019, addressed to respondent No.4, whereby the former has certified to the later, by reference to revenue documents, that the land measuring 2 kanals each falling under Khasra No.96 and 1328 situated at Village Chowadhi is State land.
Justice Sanjeev Kumar after hearing both the sides observed that it is seen that before the Court there are two versions of mutation No.272 dated 08.06.1957, one placed on record by the petitioner with his writ petition and one relied upon and placed on record by respondent No.1 to 5 and 8 along with their objections filed through S. S. Nanda, learned Senior Additional Advocate General. In the given facts and circumstances, it is, however, difficult for this Court to believe one version and ignore the other. This makes the task of this Court not only difficult but very complicated. However, without going into this aspect of the matter, I would like to address the controversy on the basis of facts which are indisputable and with regard to which the parties are at ad idem.
Court disposed of the petition with the direction that the Assistant Commissioner, Revenue, Jammu, along with Tehsildar, Bahu, shall conduct an in-depth enquiry in the matter in the light of observations made hereinabove in the judgment and the referred provisions of the Act of Svt. 2007, as also other applicable provisions of law and shall make recommendations to the Deputy Commissioner, Jammu.
Court further directed that the Committee of Revenue Officers aforesaid, which is entrusted the job of holding enquiry, shall in particular find out the reasons and circumstances under which the petitioner and his predecessors-in-interest continued to remain in possession of the land even after attestation of mutation No.272 dated 08.06.1957. The Committee shall also find out as to how petitioner and his predecessors-in-interest remained in cultivating possession of the land when in terms of mutation No.272 of 1957 they had ceased, in law, to be the occupancy tenants.
The Committee also find out as to why and how different entries in the tenancy column came to be made from time to time by the revenue officers and, if possible, identify the officers responsible for the lapse, if any.
Court further said that should the Committee find no illegality in the matter or that to the error or omission, if any, committed by the revenue authorities, the petitioner was not in any manner contributory, he shall be deemed to be the occupancy tenant and the Deputy Commissioner, Jammu, shall, accordingly, initiate action under the relevant provisions of Land Acquisition Law to work out permissible compensation payable to the petitioner as occupancy tenant. The requisite funds for acquisition shall be provided by the Power Development Department, which has already taken over the land and has been in the process of constructing the Receiving Station. The whole exercise, as indicated above, shall be conducted by the named respondents within a period of four months from the date copy of this judgment along with paper book is served upon the respondents. (JNF) |
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