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| HC directs div com to settle land dispute at Sainik Colony | | | Early Times Report
JAMMU, Apr 14: High court judge, Justice Muzaffar Hussain Attar today directed Divisional Commissioner, Jammu, to settle the dispute over a large chunk of land at Sainik Colony. In his directive, that came in a bunch of writ petitions filed by aggrieved parties, the judge directed the divisional commissioner to call the entire record pertaining to the case and himself examine it. He was directed to file affidavit before the court within three weeks from the date a copy of this order was served upon him. In three petitions filed by Kuldeep Singh, he sought relief that the accusation proceedings initiated by the Collector had lapsed in respect of land covered under survey Nos 772 and 773. He also submitted that the respondents be directed not to proceed further in the matter as the time frame of six months fixed by the court had expired on March 17, 2010. The petitioner also sought direction to the respondents to demolish all the structures/constructions existing on land covered under survey Nos 772 and 773 Min situated at Sunjwan and remove the electric sub-station with all infrastructures existing on 3 kanal and 5 marlas of land. He submitted that government and registrar of cooperative societies be directed to take action against the respondents in accordance with the provisions of J&K Cooperative Society Act.
He also sought a direction to the respondents not to interfere in the land measuring 60 kanals and 10 marlas covered under survey Nos 772 and 773 Min. In the other petition filed by Sainik Cooperative Housing Building Societies Ltd, Jammu, a prayer was made for quashing notification dated May 25, 2007, issued under Sections 6 and 7 of the Land Acquisition Act with a further prayer that respondents be directed to conclude the accusation proceedings in accordance with the provisions of the act and re-measure the land. One more petition was filed in which the petitioner claimed that he was lessee and was in possession of land measuing 23 kanals and 15 marlas covered under survey No 773 Min at Sunjwan and prayed for the issuance of a direction to state-respondents to denotify the land in question. Justice Attar, after hearing the two sides, observed that at this stage what is required to be ascertained was as to how and in what manner the accusation proceedings had been conducted and what would be the stand of official respondents. In view of the issues raised in all the writ petitions, the ACR/Collector, Jammu, was not in a position to take a stand before the court. To settle the issues raised and to arrive at a just conclusion in the matter, the divisional commissioner was directed to call the entire record pertaining to the case and himself examine it and file his affidavit before the court within three weeks. The court directed thatwhile considering the issue, the divisional commissioner shall afford an opportunity to hear to all the petitioners, the interveners and Sainik Cooperative Housing Building Society. The court observed that the divisional commissioner was saddled with the responsibility of examining the issues. As the matter appeared to be quite important in view of the allegations made by the rival parties which appeared to be of grave nature. With these observations, the court directed the registry to list these petitions in the week commencing from May next. |
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