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HC directs to ensure that land proposed for allotment to ex-servicemen at Zanskar
9/6/2024 10:12:53 PM
Early Times Report
JAMMU, Sept 6: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court directed UT of Ladakh to ensure that the land proposed for allotment to the exservicemen Zanskar, District Kargil is not encroached upon by anyone and in the event the said land has been encroached by anyone the respondents shall proceed against the encroacher(s) in accordance with law.
This order has been passed in a petition filed by Ex Servicemen Union Zanskar District Kargil UT Ladakh through its president Tsering Wangdus seeking direction to the respondents to issue formal allotment order of the proposed land reserved for ex-servicemen of Zanskar, District Kargil, with further prayer to remove the encroachment from the land proposed for the ex-servicemen.
Objections have been filed by the respondents wherein it is contended that disputed questions of fact have been raised by the petitioner which cannot be considered while adjudicating the writ petition. It is further averred that the land measuring 1175 kanals and 11 marlas was proposed for allotment to the ex-servicemen of Zanskar Tehsil vide letter dated 28.7.1986 and out of this land 192 kanals of land has already been allotted to 48 families of ex-servicemen in the ratio of 4 kanals per head vide Deputy Commissioner, Kargil's order dated 10.11.2000 and it is further stated that notice has been issued to the encroacher.
Justice Rajnesh Oswal observed that the prayer of the petitioner for allotment of the land proposed for allotment to ex-servicemen of Zanskar district Kargil cannot be acceded to as it is for the respondents to allot the land to the eligible ex-servicemen. However, no one can encroach upon the government land and in the event any such land is encroached upon, the respondents can evict the encroacher in accordance with law.
Justice Rajnesh Oswal while disposing of the petition, directed repsodents to issue formal allotment order of the proposed land reserved for ex-servicemen of Zanskar, District Kargil, with further prayer to remove the encroachment from the land proposed for the ex-servicemen. —JNF
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