Encroachment of Land: Court expresses displeasure over infighting between JDA, Police and Revenue Departments



Publish Date : September 13, 2017

Published by Kashmir News Trust
Jammu, Sep 13, 2017 / 6:20 pm

Neyaz Elahi

 In the much publicized Public Interest Litigation (PIL) highlighting land grabbing and encroachment of more than 20 lacs kanal of State Land by politicians, bureaucrats, police officers in league with land mafia, today a Division Bench of the State High Court (Jammu Wing) comprising Justice Alok Aradhe and Justice B.S Walia expressed displeasure over the infighting and taking of divergent stances by Jammu Development Authority  (JDA), Revenue and Police in the ongoing demarcation exercise of more than 66,000 Kanals of JDA land in Jammu and Samba districts as per the directions of the Division Bench vide its order dated December 10,2014 read with order dated May 23, 2017.

     The Deputy Advocate General Ehsan Mirza appearing for Revenue and Police Departments after being pulled up by the Division Bench undertook to comply with the directions of Division Bench by providing the requisite manpower from the Revenue Department and also to provide protection on permanent basis to the officers of JDA as and when required and requisitioned by JDA to carry out the schedule of demarcation in Jammu and Samba districts.

   The Division Bench also directed advocate Adarsh Sharma appearing for JDA and Deputy AG Ehsan Mirza appearing for Revenue and Police Departments to file within 3 weeks the updated status of the ongoing demarcation of JDA land in the twin districts.

   Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner at the very outset submitted that land mafia is causing obstruction in the ongoing  demarcation drive and there is every apprehension of law and order problem. Advocate Ahmed specifically invited the attention of the Division Bench towards order dated December, 10, 2014 passed by a Division Bench of the State High Court then headed by Chief Justice M. M. Kumar wherein the Division Bench had directed for videography of the entire demarcation exercise of JDA Land in Jammu and Samba.

   Advocate Ahmed  further submitted that the demarcation so far carried out has not been videographed and in view of the resistance offered by the Land mafia the directions are required to be issued to comply the earlier court order.

   Advocate Adarsh Sharma, appearing for JDA invited the attention of the court to the indifferent attitude of Police Authorities and referred a letter whereby IGP Jammu was requested for providing police protection on permanent basis, however, he expressed inability due to alleged shortage of manpower.

    The JDA’s status report further divulged that since revenue staff and the territorial police generally remains occupied with the multifarious duties, the dedicated staff is required by the JDA to accomplish the exercise of identification, demarcation and retrieval of thousands of Kanal of JDA Land from the encroachers in time bound manner to implement the High Court orders.

Advocate S. S. Ahmed also referred the latest encroachment of 50 kanals 18 marlas state land in khasra number 482 situated at village Rajpura, patwar Halqa Panjore, Tehsil Marh District Jammu.

After considering the rival contentions from both the sides the Division Bench while expressing its displeasure over the divergent stances taken by JDA, Revenue and Police directed the videography of the entire demarcation exercise and also directed Revenue and JDA to file updated status report within three weeks and Deputy AG Ehsan Mirza also undertook to comply the directions of the Division Bench in its letter and spirit. 

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