VILLAGERS OF VILLAGE UFTI-PIPTING Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The appellants have called into question judgment and order dtd. 31/8/2022, passed by learned Writ Court in WP(C) No.1778/2022, whereby their writ petition has been dismissed and they have been given liberty to file a fresh application before the Financial Commissioner, Revenue, for preservation of land for grazing purposes.

(2.) The appellants/writ petitioners had filed a writ petition, challenging order dtd. 20/7/2022 passed by the Financial Commissioner, Revenue, UT of Ladakh, whereby, inter alia, a direction was issued for regularization of transfer of State land comprised under Khasra No.1429 in Village Ufti Pipting in favour of various Stateowned organizations/departments for public purposes. It appears that vide the order impugned in the writ petition, respondent No.1-Financial Commissioner, Revenue, while deciding the representation filed by the writ petitioners against the allotment of land made by DC/CEO, LAHDC, Kargil, vide U.O. No.LAHDC-K/CEC/K/57/275, the transfer/allotment of State land falling under Khasra No.1429 of Village Ufti Pipting, Tehsil Zanskar, District Kargil, in favour of private parties/private organizations along with consequent mutations have been set aside but at the same time the transfer of land made out of the aforesaid khasra number in favour of State-owned organizations/departments for public purposes has been directed to be regularized and it has been further directed that the possession of these organization/departments shall not be disturbed so that the public works undertaken by them do not get affected.

(3.) The case projected by the writ petitioners was that the land, which was subject matter of the allotment, is reserved for grazing of livestock as per Wajib-ul-Arz of the concerned villages. It was submitted that vide Cabinet Decision No.163 dtd. 3/8/1987, it was decided that the District Development Commissioner would draw up a scheme for allotment of land in question, whereafter land measuring 864 kanals was handed over to the Veterinary Department out of the Command Area of the Haftal Canal. It appears that the Haftal Canal could not be made functional due to non-availability of canal water, as such, the Veterinary Department could not develop the Fodder Farm on the land in question. It was stated by the writ petitioners that the District Administration started allotting the land from the aforesaid Khasra numbers of their own, without following the procedure prescribed under law and when the matter was brought to the notice of the Deputy Commissioner, Kargil, nothing fruitful could be achieved. Accordingly, the writ petitioners brought the matter to the notice of respondent No.1 challenging the allotments made by the District Development Commissioner, Kargil.