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| Construction on cremation ground land | | DB issues show cause notice to appellant for appropriate action | | Early Times Reporter
Jammu | Sep 20
Division Bench of J&K High Court Jammu Wing, comprising Justice Aftab Alam Acting Chief Justice and Justice Virender Singh, in an appeal filed by one Mohd Rafi against the judgment of Single Judge, issued notice to the appellant to show cause why appropriate action may not be taken against him for the abuse and misuse of process of court.
This direction was issued by the DB after hearing Sr. Adv DC Raina appearing for the respondent Sewa Samiti Jammu and submitted that after the appeal was adjourned on June 4, 2007, the appellant filed a suit for declaration of title and permanent injunctions against the respondents with regard to the same disputed land (Land of cremation ground) in the Court of Sub-Registrar-Munsiff Jammu and in that suit he (appellant) obtained an order of interim injunction on June 9, 2007. Sr. Adv DC Raina produced a copy of plaint filed by the appellant and order of interim injunction.
The DB after perusal of the plaint took serious note and observed that it appears that there is no mention of either the petition or this appeal arising from it pending before the Court, therefore, it can be said that the order of interim injunction was obtained by the appellant by suppressing some very material facts. Sr. Adv VR Wazir appearing for the appellant stated that he was completely unaware of this development and DB issued show cause notice to the appellant.
According to the case Mohd Rafi s/o Abdul Gani r/o Jogi Gate Jammu has been able to get unauthorized possession regularized in his favour with the connivance of JDA. The petitioner claiming possession of seven Marlas of land situated at Jogi Gate Jammu, applied to the concerned authority for regularization of the said land, which was regularized in his favour vide order December 10, 2004 on payment of regularization charges Rs 37, 298. The grievances of the petitioner is that the regularization of possession over said piece of land has been cancelled on the complaint filed by J&K Sewa Samiti Jammu and this has been done without offering any opportunity of being heard to the petitioner. In the objections JDA stated that after the regularization of the plot in favour of the petitioner, the JDA received number of representations including J&K Sewa Samiti that the petitioner has got done the regularization by misrepresentation and fraud. It is further stated that after it was brought to the notice that the land in dispute is under the possession of J&K Sewa Samiti for the last more than 100 years and this land falls under the cremation ground, an enquiry was conducted and it was found that no residential house has been constructed over the said land which falls in Khasra No 337 Jogi Gate Jammu. It was found that the petitioner has obtained the order of regularization from JDA by misrepresentation and enclosing wrong documents. The order of regularization made in favour of petitioner was cancelled vide order February 3, 2006.
The petition filed by the petitioner in the High Court, Justice Nirmal Singh dismissed the petition found to be without merit with the observation that from the statement of the petitioner which he made in the court, it is clear that the petitioner has got allotted the land with the connivance of JDA. The said authorities have allotted the land in dispute in favour of petitioner in violation of Government order dated March 18, 2005 and even no inspection was done on the spot as to whether any construction has been raised over the plot or not. If the JDA would have made the inspection then the plot could not have been regularized in favour of the petitioner as there was no construction before December 30, 2004, the JDA authorities, though, of late, have rightly cancelled the allotment made in favour of the petitioner. This petition found to be without merit is dismissed with a cost of Rs 20,000 to be deposited by the petitioner and JDA in equal shares. Against this order petitioner filed this appeal in which DB issued show cause notice to the petitioner. JNF
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