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| Special Tribunal decides revision petition filed against Divcom’s order | | |
Early Times Reporter
Jammu | May 17
Deciding the oldest revision petition filed against December 23,1993 order of the then Divisional Commissioner, Jammu, J&K Special Tribunal, Jammu today observed that BR Kundal, the then Divisional Commissioner Jammu has passed a very elaborate and judicial order which leaves no ambiguity.
DK Kapoor Judicial Member of State Special Tribunal Jammu while deciding this oldest revision petition pending before the Tribunal observed that it would be profitable to highlight the relevant excerpts from the concluding paragraphs of the impugned order passed by the then Divisional Commissioner Jammu " the proprietary land of Tunda Ram the father of the petitioners has been taken over by the relief and rehabilitation department for the Basti of displaced persons at Badyal Brahmana, no compensation was paid to him but assurance was given to him that land will be given to him in lieu of the land taken from him by the Government. The Government on July 25, 1970 asked the Tehsildar RS Pura that an alternate land be given to Tunda Ram without any further delay but no land has been given till date. A man who has parted with his livelihood for the good cause and extended his helping hand to the Government, for settling the displaced person is suffering for his good act. Keeping in view his noble act Tunda Ram father of the petitioner has a preferential right over piece of land which is under dispute. No doubt respondents being displaced person and may have a deficiency but can never override the right of the petitioner's father. The concerned officer can allot some other piece of land to the respondent No 1 if he is otherwise entitled".
Kapoor further observed that there seems to be not only judicial approach in the order passed by Kundal but has very succinctly approached the problem with a great humanitarian touch. After observing the same, the provisional court of Deputy Custodian General further proceeded to hold that the Court of Tehsildar RS Pura, exercising Jurisdiction as Assistant Custodians Evacuees Property, had not applied his mind and failed to properly appreciate the facts and circumstances of the case. Under the circumstances the then Deputy Custodian Jammu BR Kundal has very indigenously appreciated the factual position of law and no illegality and is found in the impugned order and as such the present petition fails. The order passed by then Divisional Commissioner Jammu on December 23, 1993 is upheld in Toto.
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