HABIB ALLAIE Vs. STATE

JUDGEMENT

(1.) Petitioners have prayed for following reliefs:-

(2.) These reliefs are claimed on pleaded facts and grounds that the petitioners and their predecessors are title holders and possessors of land measuring 2 kanals and 15 marlas in survey No. 189 situated at Mouza Rawalpora Budgam. This land was given by petitioners' predecessors in interest to Rural Development Department of the J & K State verbally. Though the date and order, when it was so given and taken is not given but all the same the land was managed and looked after by the petitioners. The Rural Development Department and State Government constructed a Panchayat building and installed a tube well on the land. Petitioners have not been paid any compensation for the land. Petitioners and their predecessors in interest made representation. But the question of payment of compensation is pending. Some time back the land has been taken over by Srinagar Municipality. Petitioners approached even the Municipality authorities for settlement of their claim for compensation but there has been no response. However, recently petitioners came to know that the land has been allotted to respondent No. 6 on lease by the Srinagar Municipality Committee. This allotment of the land by the State Authorities, even though land is voluntarily given to State Authorities without consideration, is unreasonable and unfair. It is opposed to public policy. It is further stated that the petitioners could not approach the court as they were given to understand that their grievance would be redressed which has not been the case so far.

(3.) Srinagar Municipality Committee and its officers as also the lessee respondent to this petition have filed reply. The respondents case is that the land has been given to Rural Development Department and the Panchayat some 50 years back and Panchayat is recorded in possession of this land from 1954. Panchayat Ghar is constructed by Panchayat Committee of the village and a tube well is also installed by the Panchayat Committee on spot. Vide Govt. Notification SRO 342 dated 19.6.1978 different parcels of land including this land were included within the municipality limits of Srinagar (Annexure D1), after the same was published in the Government Gazette. Even though the intended inclusion of this land vide notification SRO 140 dated 6.3.1978 was published in Govt. Gazette and objections were invited, petitioners or their predecessors in interest have not comeforth to file objections and it was only thereafter that under the, enabling powers under section 5(3) of Municipal Act, the Govt. included the land within the Srinagar Municipal Limits. Vide SRO 342 dated 19.6.1978 the land with Panchayat Ghar is and has been in possession of Panchayat Committee and its successor Municipality althrough. This property at no point of time is looked after and managed by the petitioners or their predecessors as alleged. The land has been voluntarily donated to the Village Panchayat which came in possession of the'land and constructed the Panchayat Ghar and installed the tube well much earlier to the land coming to SMC in 1978, as above. No claim for compensation has been ever raised. No representation has been/ever received as alleged. Petitioners have no right or interest as claimed in the land. The allotment of land to respondent No. 6 on lease for 40 years has been way back in 1989 under the impugned order. The lesser respondent No. 6 is in possession of this land since October, 1989 after he paid the premium and ground rent. The respondent is within his rights to utilize the land for any purpose authorizes under the lease and law. Petitioners are neither owners nor in possession of the land. Even after the issuance of said notification of allotment of land on lease to respondent No. 6 on 20.10.1989 vide Govt. order No. 331/HUD/LSG/ of 1989 dated 20.10.1989. It took respondents over 15 years to challenge this order not to speak of throwing a challenge to any action of the Rural Development Department for that matter of Panchayat since 1954.