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| Running from pillar to post from last 14 yrs | | Army violates Court direction, Land owner denied right of possession | | Jammu, July 16 Though the right to hold and enjoy once property is a fundamental right guaranteed under the constitution of the country and the state, a Jammuite has been running from pillar to post from last more than fourteen years to use a piece of land provided to him by the state government.
Ironically the violators of fundamental right of one Gurdeep Singh are none but the security forces who have occupied a piece of land, adjoining transit camp, despite of the clear directions from the court. What is more interesting that the land sanctioned in his favour has been leased for twenty years by the government, while he has already lost more than fourteen years in getting the possession of the land.
The height of violation is that the Army authorities has not even obliged the High Court's orders whereby the court has dismissed the petition filed by the then GOC Army in which the Army authorities has taken the plea that the land is important for security reasons.
The Jammu and Kashmir High Court, while dismissing the writ petition filed by GOC 26-Inf. Division and Station Commander, had observed that the petition is not maintainable as the land was allotted to Gurdeep Singh Bijral for a period of 20 years for installation of petrol pump and service station following due process of law.
It must be mention here that the state government in an order of January 8, 1985 in terms whereof state land measuring one Kanal and nine Marlas and 61 SFT under Survey No 22 situated at Rakh Bahu was leased to Gurdeep Singh Bijral son of Sarwan Singh of Gandhi Nagar for a period of 20 years for installation of petrol pump and service station.
The Army authorities has raised objection for installation of petrol pump as land being is situated in front of Army Transit Camp. The Army authorities have taken the dispute to the court and ultimately the case was landed in the state high court.
The Jammu and Kashmir high court while deciding the case in the year 2003 observed that, "the fact is that the present petitioner have along been aware the proceedings in the civil court which has consumed more then 18 years". "The documents at the trial stage include government orders and the statements of witnessed which clearly indicates that the land in dispute did not fall within the land under the occupation of Military Authorities at Rakh Bahu Wali".
The court also observed that the writ was to 'unnecessarily' engage and victimize the private party. The court thus dismisses the writ with costs quantified at Rs 10,000.
Even after the settlement of the dispute the Army authorities has not allowed Gurdeep to use the land.
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