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J&K High Court · body

2017 DIGILAW 435 (JK)

Balkari Lal Sharma v. State

2017-07-26

B.S.WALIA

body2017
JUDGMENT : 1. Learned counsel contends that the petitioners are owners of the land measuring 18 Kanals 04 Marlas falling under Khasra No.970 situated at Village Jagti Jari, Tehsil Nagrota, District Jammu and that pursuant to the orders of the Deputy Commissioner, Jammu, demarcation of the land in question was carried out on 09.12.2016 as is evident from Annexure-B but the Forest Department is without any authority of law illegally interfering with the possession of the petitioners. 2. On 24.07.2017 while accepting notice, Mr. Lone, learned GA had sought time to obtain instructions. Pursuant thereto, learned GA states that the land in question is a part of the Forest Land and has already been handed over to the Higher Education Department for construction of Indian Institute of Technology. The same is vehemently disputed by learned counsel for the petitioners on the ground that the land in question is the petitioners’ ancestral land and the same stands established as per the demarcation carried out by and under the orders of the Deputy Commissioner, Jammu in the light of the revenue record. 3. Learned counsel further contends that the question of the land being Forest Land is totally baseless in the light of the revenue record attached alongwith which goes to establish beyond an iota of doubt that the land in question is the ancestral land of the petitioners and further that no acquisition proceedings have been carried out by the respondents in respect of the land in question, therefore, the question of land belonging to the Forest Department or for that matter having been handed over to the Higher Education Department for construction of Indian Institute of Technology does not arise. 4. Learned GA, on the other hand, contends that since the Forest Department was not associated at the time of demarcation, therefore, the entire controversy has arisen. 5. In the circumstances, after hearing learned counsel for the parties and with their consent, it is deemed appropriate to dispose of the writ petition by directing fresh demarcation to be carried out by the Tehsildar Nagrota by associating all the concerned i.e. Forest Department, Demarcation Wing as well as Revenue Authorities within a period of two weeks from the date of receipt of certified copy of this order. With the aforementioned directions, writ petition alongwith MP stands disposed of.