MOHAMMAD RAMZAN BHAT Vs. VINOD KOUL AND OTHERS

JUDGEMENT

(1.) This is an application seeking initiation of contempt proceedings against respondents for non-compliance and disobedience of order dated 30th September 2013 passed in OWP no.1534/2012 titled Mohammad Ramzan Bhat v. State and others . The respondents in terms of the said order had been directed to accord consideration to petitioner's claim and take a decision in the matter in accordance with rules within six weeks. It would be advantageous to reproduce operative part of the order dated 30th September 2013, hereunder:

(2.) Petitioner avers in the application on hand that petitioner had been in possession of a piece of land measuring 06 Marlas and 15 sft under survey no.86 min, situated at Estate Nursingh Garh Gogjibagh. The occupation of petitioner was regularised vide Government order no. Rev (NDJ)-46 of 1973, for which market value was fixed at Rs.35,904/- plus 25% penalty. The said amount, despite repeated requests by petitioner, has been received by respondent/contemnor no.2. Petitioner claims that may be petitioner could come upto the expectation of respondent no.2, i.e. why he is being dragged and harassed, otherwise adjacent to petitioner's piece of land, is another piece of land, which has been dealt with under aforesaid Government order and ownership rights conferred upon its occupants. Petitioner also states that another plot of land measuring 07 Marlas 257 sft falling under Khasra no.836 min, situated at Estate Nursingh Garh, Gogjibagh, being Nazool, adjacent to the above regularised land, for which petitioner applied in accordance with J&K State Lands (Vesting of Ownership to the Occupants) Act, for converting into ownership rights in favour of petitioner, but dillydallying tactics have been adopted by respondent no.1, which constrained petitioner to file writ petition (OWP no. 1534/2012) which was disposed of with a direction to respondents to consider and settle the claim of petitioner and take a decision in the matter in accordance with rules within six weeks. Non-implementation of order, according to petitioner, has forced him to knock at portals of this Court with instant application seeking initiation of contempt proceedings.

(3.) Respondent have filed compliance report. They aver therein that after receiving the order dated 27th November 2015, the issue was taken up with Assistant Commissioner (Nazool) vide letter dated 30th November 2015 for detailed facts of the case. The Assistant Commissioner (Nazool) vide letter dated 3rd December 2015 is stated to have intimated that petitioner raised two issues before the Court: one issue is that Government order no. Rev(NDK) 46 of 1973 dated 28.01.1973 be implemented for land measuring 06 Marlas 15 sfts under Survey no.836, wherein he has constructed his residential house and issue no.2 is that further encroached land measuring 07 Marlas 257 sfts be regularised in his favour. It is also averred in compliance report that Revenue Department vide letter no. Rev(NDK) 75/40 dated 12th June 1998, had conveyed approval of Hon'ble Revenue Minister regarding market value of the land @ Rs.35,905.00 per Kanal for encroached State land measuring 06 Marlas 15 sft falling under survey no.836 by petitioner in Estate Nursingh Garh (Gogji Bagh) and has directed that possession of petitioner on the said patch of land be regularised in favour of petitioner at the above mentioned rate plus 25% penalty and the sale proceedings be credited to Srinagar Development Authority (SDA) in terms of para 6 of Government order no. Rev (NDK) 46 of 1973 dated 20th January 1973 read with Government order no. Rev (NDK) 4 of 1976 dated 23rd November 1976 and further action be taken as envisaged in para 7&8 of aforementioned order. Respondents maintain that petitioner failed to pay approved amount and requested for revision of the said rate before the Chief Minister and the file was already submitted to SDA vide no.154/CAN dated 18th July 1988 for further course of action and Administrative Department due to non-payment of approved rate has issued formal orders to the regularisation of possession of land. The Survey no.836 in Estate Nursingh Garh, according to respondents, is recorded in revenue records as State Maqboza Stadium and the said occupied patch of land measuring 06 Marlas 15 sfts under said Survey no. is adjacent to Bakshi Stadium, as such, para 6 of Government order dated 20th January 1973 has been violated, hence no action was taken under the provisions envisaged in para 7&8 of the said Government order. This, as said by respondents, is also one of the causes that the said patch of land has been regularised in favour of petitioner as per the said Government order. Respondents also assert that petitioner applied before the Revenue Minister, J&K, on 25th May 2004 for regularisation of 16 Marlas under Survey no.836 in Estate Nursingh Garh located at Wazir Bagh adjacent to Bakshi Staidum, and after spot verification of field staff of office of Assistant Commissioner, Nazool, on 8th July 2004, it was found that petitioner is encroacher of 14 Marlas of land under above mentioned survey no., as such, petitioner has concealed actual position during seeking approval of the rate of above mentioned patch of land i.e. 06 Marlas 15 sfts, so petitioner wants to take undue benefit of aforesaid Government order.