DHARUV SINGH Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The petitioners predecessor-in-interest Mr. Dharuv Singh filed this Writ Petition questioning District Magistrate, Kathua s order No.DCK/YC/IH2/1282 dated 08.12.2011 whereby directions were issued to the Executive Officer, Municipal Committee, Kathua to demolish the illegal structure raised by him on the Nazool land, after due verification thereof from the Revenue Records, acting on the Report of the Demarcation Committee constituted for the purpose which after conducting the spot inspection, found Dhrub Singh to have encroached upon two marlas of Nazool land.

(2.) The grievance projected by him in the Writ Petition is that the Demarcation Committee had acted illegally in taking the view that he had encroached upon the Nazool land and that too without affording him any opportunity of hearing in the matter.

(3.) Dharuv Singh s Claim in the Writ Petition that he had not encroached upon any Nazool land is contested by the State-respondents saying that Dharuv singh s land had come under acquisition and in lieu thereof he was allotted three marlas of land out of which he had sold 02 marlas of land to Sukhdev Singh and Subash Chander and this way only 01 marla of land had remained with him; despite sale of 02 marlas of land he was still found in possession of 03 marlas of Nazool land. The Report of the Demarcation Committee prepared by the Revenue Officers along with the Site Plan indicating Dharuv Singh s encroachment upon Nazool land has been placed on records.