1. Petitioners have filed this writ petition in representative capacity question ing Order No. Rev (S) 55/2010 dated 25.03.2010, whereby 19 Kanals and 10 Marias of land, falling under Survey No. 133-min, situate at Village Anzwalla, Tehsil and District Anantnag, came to be transferred to the Health Department for construction of Primary Health Centre. It is contended by the petitioners that the land is "Mehfooz Kahcharai Land" and is reserved for grazing purposes; therefore, it cannot be utilized for any other purpose. It is, thus, contended that the order is bad in law on the grounds stated in the writ petition. 2. Respondents have filed the reply and have resisted the writ petition on the ground that, in order to provide better health care facilities to the public in general, and, more particularly to the rural population of the area, the Government passed the impugned order and that the need of a public health centre in the area was direly felt. It is stated that, in view of the interests of public in general, the Government is within its powers to transfer the land in question for the aforesaid public purpose. 3. It is seen from the reply of respondent No. 5 that there exists a big chunk of land measuring 173 Kanals and 7 Marias covered under Khasra No. 13 situate at Village Anzwalla, out of which only an area of 19 Kanals and 10 Marias has been identified and transferred to the Health Department foi construction of Primary Health Centre at the Village itself and the said step has been taken in the larger public interest. 4. On the other hand, Mr. G. A. Lone, learned counsel appearing for the petitioners argued that Kahcharai Land cannot be acquired and transferred. The argument of Mr. Lone is devoid of any force. 5. It is settled position of law that Kahcharai Land is the property of the Government; therefore, the petitioners have no individual rights or interest on the said land. The Government is within its powers to acquire it, when the same is for the public purpose, more so, when the amount of compensation on account of the land in question will be utilized by transferring the same to the village Panchayat in terms of Cabinet Decision No. 355 dated 27.03.1979 read with Government Order No. Rev (LAK) 275 of 1979 dated 28.09.1979.
A plain reading of the provisions of the Land Acquisition Act and the Government order aforementioned, clearly establishes that the Kahcharai Land can be utilized for the public purpose, when alternate and suitable land is not available. 6. This Court in case Habibullah Sheikh v. State of J&K, 2009 (1) SLJ 150, 2008 (3) JKJ [HC] 170, incidentally of which I am the author, has held that Kahcharai Land can be acquired for public purpose and the amount of compensation in lieu thereof is payable to the concerned Panchayat, in whose jurisdiction land falls, to be spent for welfare of the community of the area in question. It would be apposite to reproduce the paragraphs 5 and 6 of the judgement, which read as follows: "5. The petitioners have no right or interest over the said land. It is virtually a property of the government but meant for grazing purposes. If Kahcharai land is to be acquired for any public purpose the amount is to be spent for welfare of the community. Division Bench of this Court in case titled Ghulam Mohammad Bhat & others v. State and anr. reported as SLJ 1981 JK 254 has held that if Kahcharai land is acquired, the compensation is payable to the concerned Panchayat in whose jurisdiction land falls. It is the property of the community. 6. If Kahcharai land is acquired, the petitioners have no right to challenge the same. However, the compensation amount is to be utilized for the benefit of the villagers. The villagers are not before the Court. The writ petitioners have filed writ petition in individual capacity. The electric department has specifically averred that land came to be acquired for the purposes of construction of Grid Station for public purpose. The petitioners cannot seek any relief against the respondents-Electric Department" 7. Testing the case at hand on the touchstone of the aforesaid settled position of law, what crystallizes from the above discussion is thai the official respondents have acquired the land in order to provide better health care facilities to the inhabitants of the village in particular and public in general, therefore, I am of the considered view that the Government has rightly passed the impugned order, which needs no interference at all. 8. Viewed thus, I find no merit in this writ petition. Accordingly, it is dismissed along with CMPs. Interim direction shall stand vacated.
8. Viewed thus, I find no merit in this writ petition. Accordingly, it is dismissed along with CMPs. Interim direction shall stand vacated. There shall, however, be no order as to costs.