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| No Bulldozer Justice: HC warns authorities against touching private land | | | Early Times Report
JAMMU, July 23: Drawing a firm line against any arbitrary use of force during the Shah Khul anti-encroachment drive, the High Court of Jammu & Kashmir and Ladakh has directed the authorities to ensure that not even a single inch of proprietary land belonging to citizens is touched.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani issued the stern direction while hearing a Public Interest Litigation filed by Mir Mohammad Shafi concerning encroachments and restoration of the Shah Khul water channel in Srinagar.
The Bench made it clear that the removal of encroachments could not be used as a pretext to interfere with legally owned private property. It directed the concerned authority to examine ownership documents produced by affected persons before initiating any coercive action against them.
The court ordered that citizens claiming ownership over land falling within the area of the removal drive would be free to submit their title and ownership documents before the competent authority. Such documents must be taken into consideration before machinery or force is used against the property.
The direction was passed in an application in which the court also issued notice to the petitioner's counsel and the official respondents, seeking their objections. The application was ordered to be listed along with the main PIL.
During the hearing, the Bench also took on record separate compliance reports filed by the Deputy Commissioner, Srinagar, and the Jammu and Kashmir Lake Conservation and Management Authority.
Advocate Shafqat Nazir, appearing for the petitioner along with Advocates Heena Baqal and Sabreena Bashir, received copies of the compliance reports and was granted time to file a response before the next hearing.
Senior Additional Advocate General Mohsin Qadri, assisted by Maha Majeed, represented the official respondents. Several other counsel appeared for different respondents in the proceedings.
In the connected contempt petition, the court granted the official respondents four weeks to file their objections and statement of facts. The contempt matter was directed to be listed along with the PIL.
The case has now been posted for further consideration on September 15, 2026.
(JNF) |
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