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2012 DIGILAW 359 (JK)

Deepak Singh v. State Through Dy. Commissioner (District Collector) Jammu

2012-07-03

Sanjay Gupta

body2012
1. Appellants have filed present appeal against the order dated 3.5.2011, passed by District Collector Jammu, by virtue of which application filed by their father namely kartar Singh, for conferring ownership right under Roshni Act, with regard to land measuring 36 kanals 15 marlas under khasra No. 606, 607 and 608 situated at village Dar Dharochian Tehsil and District Jammu, has been rejected. 2. Counsel for the respondent has taken preliminary objection that appeal before this forum is not maintainable under act. 3. Heard. Gone through relevant law. 4. This Tribunal has been established in term of section 4 of J&K Special Tribunal Act 1988. Section 3 of act reads as under:- 1. Notwithstanding anything contained in any law made by the state Legislature but save as otherwise provided in sub-section (2) an appeal, revision or review petition which under any such law lies to the Government or a Minister shall from such date as may be appointed by the Govt. by notification in the Government Gazette lie or be so preferred, brought, made or presented to this Tribunal and accordingly any reference in any provisions of such law, which relate to the matters aforesaid, to the Govt. or the Minister shall be construed as a reference to the Tribunal. 2................. 3................. 5. A plain reading of this section, it is evident that, an appeal revision or review petition, which arise under any law made by State legislature, lies to Govt. or Minister, shall now lie to this Special Tribunal and not otherwise. 6. J&K state has formulated a legislation, which is termed as The Jammu And Kashmir State Lands (Vesting of Ownership to the Occupants) Act 2001, generally called Roshni act. Purpose of this act is generation of revenue for finance power projects in state by conferring ownership right on occupants of state land. 7. The relevant section 7 of act reads as under:- 7. APPEAL -- Any person aggrieved of an order passed by the committee relating to the price for vesting of free hold rights in favour of an occupant may file an appeal before the govt. who shall, as far practicable decide the same with in 30 days of its filling. The decision of govt. shall be final and binding. 8. APPEAL -- Any person aggrieved of an order passed by the committee relating to the price for vesting of free hold rights in favour of an occupant may file an appeal before the govt. who shall, as far practicable decide the same with in 30 days of its filling. The decision of govt. shall be final and binding. 8. Bare perusal of this section it is evident that, present appeal against rejection of application for conferring ownership right on state land is not maintainable under act. Only appeal with regard to rate fixed by committee is maintainable before govt. Act does not provide remedy of appeal before govt., against rejection of application for conferring ownership right on state land. 9. In view of what has been discussed above, this appeal is dismissed as not maintain able. File of this court shall be consigned to records after due completion.