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| HC stays govt order on transfer of 'Shamilat' land | | | S Sabaqat
Srinagar, Dec 7: Jammu and Kashmir High Court has stayed a government order on transfer of Shamilat 'land' to a charitable trust at Budgam in central Kashmir. Hearing a petition filed by the residents of Gogo area of Budgam, a single bench comprising Justice Ali Mohd Magrey also issued a notice to government and directed it to file response within four weeks.
The court passed the directions after counsel for petitioner submitted that in terms of the provisions of law governing the subject and also directions by Supreme Court, the respondent state cannot utilize the land other than the one for which the land has been earmarked.
Referring to Supreme Court judgment in Jagpal Singh Vs state of Punjab, the counsel said that the apex court has directed all the Chief Secretaries of all the states to protect shamlat land.
Residents of Gogo have challenged government order dated 13-12-2012 whereby sanction has been accorded to transfer of 30 kanals 'shamilat' land in favour of charitable trust.
The government had transferred the land to the charitable trust for constructions of higher secondary institute.
However, the government had accorded sanction subject to the condition the management of the charitable trust will not use it other than educational and welfare purpose. In case of violation, the land as well as structures constructed, if any, shall be taken over by government without paying any compensation, reads the order as per counsel for the petitioners. |
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