GHULAM AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners, in this petition, seek a writ in the nature of Certiorari to quash order dtd. 21/1/2020, passed by Deputy Commissioner, Bandipora, whereby claim of the petitioners for compensation in lieu of Shamilat land has been rejected. The petitioners also pray for a direction to the official respondents to retrieve the excess Shamilat land situated at Mouza Bonakoot Tehsil Bandipora from respondent No.5 to 9.

(2.) The matter was considered by this Court on 17/9/2021, when this Court, while issuing notice to the respondents for filing objections, also directed the Deputy Commissioner, Bandipora, to ensure that all Shamilat land (kahcharai) is vacated from the illegal occupants including the petitioners as well. The petitioners were, however, given liberty to approach the revenue authorities for ascertaining their due share in the partible Shamilat Deh land available in the village. The Deputy Commissioner was also directed to ensure that no illegal activity on the Shamilat Deh land takes place.

(3.) In compliance to the directions aforesaid, a report is filed by the Deputy Commissioner in which it is submitted by the Deputy Commissioner that there is a big chunk of kahcharai land measuring 1618 kanals and 11 marlas in Village Bonakoot and out of the said land, approximately 160 kanals and 19 marlas are under various types of encroachment. It was also clarified by the Deputy Commissioner that the petitioners and the private respondents were not in illegal occupation of kahcharai land. It has also come in the report of the Deputy Commissioner, Bandipora, that survey No.4129/4108/67 is recorded as Shamilat land (Sec. 5), which is as good as proprietary land on pro-rata basis. In the report, the Deputy Commissioner has also indicated that the process for eviction of illegally encroached land is being undertaken in a phase-wise manner and all encroachments from kahcharai land/State land would be evicted accordingly.