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| Takes strong note of functioning of Custodian Department | | | Early Times Report
Jammu, Apr13- A Division Bench of Jammu and Kashmir High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice JP Singh, in an appeal against the judgment of Single Judge, modified the judgment under appeal to the extent that appellant shall remove himself lock, stock and barrel including all illegal constructions made by him on the land in question and restore back the land to its original condition within six months, besides making its obligatory on the part of Custodian to hand over possession of the land in question to the Sat Pal immediately after expiry of six months after taking possession from the appellant.
This approved for reporting Judgment written by Chief Justice for the Division Bench, after hearing Advocates RS Thakur and HA Siddiqui appearing for the appellant, Senior Advocate SS Lehar appearing for the respondent Satpal and Additional Advocate General AH Qazi appearing for the State and after considering the facts of the case and judgment passed by the writ court, observed that the appellant by referring the records of the Revenue Department recording that this land was not cultivable and accordingly the allotment was inappropriate. DB further said that the fact remains that the land in question was allotted only for cultivation purpose and the land in question could not be used but for cultivation.
Taking serious note of the Custodian Department and Custodian General, the DB observed that the manner in which Custodian General dealt with the matter denotes that he felt that the land in question is his personal property and said that Court deprecate wholeheartedly the actions of the Custodian and Custodian General, in order of Custodian General he has in no uncertain terms held that the appellant has raised illegal constructions and for the purpose has imposed penalty upon the appellant. DB observed that this penalty has been imposed for making a false declaration while obtaining lease. No step has been taken in respect of the adjudged illegal construction, the DB pointed out.
Appellant Majid Ahmed Khan filed this appeal against the judgment of Single Judge whereby writ court directed eviction of appellant from the land in question with further direction to handover possession to petitioner-respondent. The case of the appellant was that land measuring 2 Kanal 1 Marla situated at Golod Tehsil Mendhar, on the recommendation of Assistant Custodian (Tehsildar) Mendhar, was leased out to him by the Custodian Evacuee Property on September 26, 1987, at a premium of Rs 100 and ground rent of Rs 26 per month for a period of one year. By another order of February 22, 1989 lease of the said land in favour of the appellant was extended for a further period of 20 years by the Custodian General on the increased premium of Rs 5000 per kanal and ground at Rs 50 per kanal per annum.
Aggrieved by the order of Custodian General, Sat Pal and others approached the Special Tribunal. The Special Tribunal accepted the contention of the petitioner and set-aside the order of extension with the direction to Custodian General to pass fresh orders after hearing the parties. As a result the extension of the lease came to be end. The Custodian General heard the parties and recorded that admittedly Sat Pal is a displaced person and he had been allotted the said land along with other land. The Custodian General at the same time held that the petitioner as per record never took possession of the said land as such the petitioner has forfeited his right to occupy the said land. Against this order, petitioner Sat Pal filed petition before the High Court. After the order of the writ Court, appellant Majid Ahmed Khan filed the present appeal which was disposed off by the DB today with the direction to the appellant to restore back the land in its original position within a period of six months. JNF
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