GHULAM NABI DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Leave granted.

(2.) The disputes between the parties relate to lands measuring 37 Kanals 5 marlas comprised in several survey numbers forming the subject matter of OWP No. 480 of 2003 and OWP No. 454 of 2005. On 21st November, 1980, the Custodian of Evacuee Property, Kashmir, issued a Notification under Section 6 of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006, hereinafter referred to as "the 2006 Act", declaring the aforesaid land to be evacuee property, being in the ownership of one Qamar- ud-Din and other evacuees. Inasmuch as, the writ petitioners in OWP No. 480 of 2003, claiming to the tenants-at-will of the land involved in the writ petition, commenced earth filling, they were stopped from doing so by the Evacuee Department. It is the case of the writ petitioners that when they made inquiries, they were able to lay their hands on records indicating that the lands measuring 11 kanals 6 marlas out of the land comprised in the said survey numbers had been taken over by the Evacuee Department and placed at the supurdnama of the Custodian vide three seizure memos dated 22nd January, 2003 and 1st February, 2003. Claiming that they were in possession of the land in the capacity of tenants-at-will since before the aforesaid Act came to be enacted, the petitioner in OWP No. 480 of 2003 prayed for the following reliefs:-

(3.) On receipt of the report and on being satisfied that construction work had been undertaken by the Custodian on the aforesaid lands and was being proceeded with, the High Court by its order dated 19th November, 2004, restrained the Respondents from raising any construction on the spot. Since its earlier orders had been violated by the Custodian, the Station House Officer of the concerned Police Station was directed to see that the order of the Court was duly complied with, till the petition was considered for admission, or until further orders.