ABBAS AHMED Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) As per the khatuni entries pertaining to 1424 to 1429 fasli, the petitioner is shown to be recorded as co-tenure holder in relation to the khasra numbers as defined and detailed in column 4 of the said khatuni, which is recoded as a land lying in shreni 1-Ka, i.e. a bhumidhar land with transferable rights.

(2.) Over the aforesaid land, lying in khasra No. 438-N, having a total area of 0.9603 hectares, a tube-well was constructed by the Irrigation Department as back as in the year 1955. Later on, the utility of the tube-well was not felt and consequent thereto, the tube-well, which was installed over the land, having an area of 75 feet x 75 feet, i.e. equivalent to 0.0522 hectares on khasra No. 438, the same was released back by the department by their decision dated 09.05.2016 to the recorded tenure holder, i.e. petitioner, by an order of the Executive Engineer No. 1311 dated 9th May, 2016. However, the order of handing over / release of the land, over which, the Nulkoop was constructed, there was a rider attach to it, these were that in case, if in future, if there is any objection by the Superior Officer of the Department or by the villagers, the release order as passed in favour of the petitioner on 9th May, 2016, may be cancelled. There were few others conditions too which was imposed by the Executive Engineer while passing the order of release of the land of the petitioner.

(3.) At this juncture, it would not be out of place to mention that after the release of the said land which belongs and recorded with the petitioner, there had been certain objections, which has been raised before the Department, on which, the Executive Engineer had constituted a team and had conducted an inspection and has submitted his report to the Joint Magistrate, Roorkee on 4th November, 2016. In the report, thus submitted, following observations have been made by the Magistrate (a) to the effect that the tube-well, which was constructed in 1974 was in khasra No. 438; (b) in fact, it is a land which belongs to and recorded with the petitioner along with other co-tenure holders; (c) it was further recorded that for the purposes of construction of the tube-well in 1974, no compensation was paid to the land owners and (d) that now tube well constructed on land is in operational for a quite long time.