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| Status-quo on construction of Kargil Vihar Colony on graveyard land: HC | | | EARLY TIMES REPORT
JAMMU, Nov: 24 (JNF):- Justice Muzaffar Hussain Attar of J&K High Court Jammu Wing in a petition filed Administrator Auquaf Islamia Jammu has ordered that parties to maintain status quo in respect of land measuring 170 Kanals and 16 Marlas situated at Village Barn Tehsil & District Jammu.
The controversy started when inhabitants of the village Burn approached the petitioner and told that the J&K Ex-Servicemen League Housing Welfare Organization leveling the land for establishing a housing colony namely KARGIL VIHAR whereas the said respondents refuted the allegation and said that the same land has been legally acquired by the notifications for construction of Kargil Vihar Colony.
Counsel for the petitioner Ajaz Lone submitted that measuring 170 Kanals and 16 Marlas situated at Village burl is Wakaf Land and has been used as graveyard. He further submitted that notification issued u/s 4 and Declaration issued u/s 6 and subsequent notification u/s 9 (A) under land acquisition Act issued to the extent of this land are illegal in view of the proviso sub-section 3 of section 80 of J&K Wakf Act 2001. He further submitted that the declaration u/s 6 has been made in this case on May 29, 2008 but award has not been published till date as the acquisition proceedings have not been completed. Counsel for the petitioner submitted that acquisition of proceedings having been initiating in respect of graveyard was also raised with the authorities and in scquel thereto a committee was also constituted to look into the matter. It is also stated that 22 Kanals of land have been declared burial ground which shows that the land in question is wakaf property and also submitted that in view of the mandate contained in section 11 (b) of J&K Land acquisition Act award have not been published within two years from the date of declaration, the acquisition proceedings have to collapse. Upon this Court issued notice to State of J&K through Chief Secretary, Financial Commissioner Revenue J&K, Commissioner Revenue, Divisional Commissioner Jammu, Deputy Commissioner Jammu, Collector Land acquisition JDA Sidhra, Collector Land acquisition AC (Rev) Jammu, Tehsildar Jammu, Naib-Tehsildar Bhalwal Jammu and J&K Ex-Service Man League Housing Welfare Organization and ordered that subject to objections and till next date of hearing, the parties to maintain status quo in respect of land measuring 170 Kanals 16 Marlas falling under survey No 1417 Min situated at Village Burn Tehsil & District Jammu.
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