Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 561 (JK)

S. K. Bhalla v. State

2017-08-04

ALOK ARADHE, JANAK RAJ KOTWAL

body2017
JUDGMENT : WPPIL No. 19/2011 1. In compliance of the order dated 23.05.2017, Vice Chairman, Jammu Development Authority has filed the compliance report. In the compliance report, it has been stated that the Revenue Department has not handed over the records of the land in respect of which the demarcation has already been carried out. It is further submitted that the Jammu Development Authority has also removed encroachment from approximately three hundred kanals of land acquired/transferred to the Jammu Development Authority at Village Majeen, Sidhra, Nagrota. It has also been submitted that the police protection be also provided to the officers of the Jammu Development Authority at the time when they conduct the work of demarcation which has to be done in cooperation with the officers of the Revenue Department. 2. In view of the aforesaid submissions, Mr. Ehsan Mirza, learned Dy. AG appearing for the revenue department submits that in case the Vice Chairman, Jammu Development Authority apprises the Deputy Commissioner, Jammu and Deputy Commissioner, Samba with regard to particulars of the land records, the same shall be supplied to them. 3. At this stage, learned counsel for the petitioner submits that from a perusal of the affidavit filed on behalf of the Vice Chairman, Jammu Development Authority in compliance of the order dated 23.05.2017, it is evident that the work of demarcation is behind the schedule and is not likely to be completed within a time frame fixed by this Court. In view of the aforesaid submission, Mr. Adarsh Sharma, learned counsel appearing for JDA submits that he requires additional manpower to carry out the demarcation work to complete in the time schedule fixed by this Court. 4. In view of the rival submissions made by learned counsel for the parties, we deem it appropriate to issue the following directions: (1) That the Vice Chairman, Jammu Development Authority shall apprise the Deputy Commissioner, Jammu and Deputy Commissioner, Samba about the requirement of manpower as well as shall furnish the particulars of the revenue record of the villages/ locations which are needed by it. On receipt of the aforesaid communication, the revenue records as sought for by the Vice Chairman, Jammu Development Authority shall be supplied by the revenue department within a period of two weeks from the date of receipt of such communication. On receipt of the aforesaid communication, the revenue records as sought for by the Vice Chairman, Jammu Development Authority shall be supplied by the revenue department within a period of two weeks from the date of receipt of such communication. (2) On receipt of the revenue records, the JDA shall ensure that the land which is demarcated and is free from encroachment is fenced against so as to prevent it from encroachment in future. (3) The Inspector General of Police (IGP), Jammu shall provide police protection to the officers of the Jammu Development Authority who are carrying out the demarcation work in pursuance of the order passed by this Court. (4) Needless to stated that the officers of the JDA and officers of the revenue department shall work in coordination with each other and try to accomplish the work of demarcation within a time limit fixed by this Court. (5) After four weeks, the Vice Chairman, Jammu Development Authority, shall file an updated status report. 5. Let the petition be listed immediately after four weeks. MP No. 7/2017 6. Learned Dy. AG prays for and is granted two weeks’ time to file reply to MP No. 7/2017. MP No. 6/2017 7. Mr. Abhinav Sharma, Advocate. Learned counsel for the petitioners undertakes to supply copy of MP No. 6/2017 along with annexures to Mr. Ehsan Mirza, Dy. AG during the course of the day, who prays for and is granted three weeks’ time to respond to the same. MP No. 4/2017: 8. Mr. M.K. Bhardwaj, Sr. Advocate with Ms. Yoshita Bhasin, Advocate. Mr. Ehsan Mirza, Dy. AG. Learned Dy. AG prays for and is granted two weeks’ further time to file response to MP No. 4/2017. MP No. 857/2013 9. Appropriate orders on MP No. 857/2013 shall be passed on the next date of hearing. 10. List as above. OWP No. 1134/2017 11. Heard on the question of admission. 12. Issue notice to respondents, returnable within four weeks. OWP No. 752/2017 13. Mrs. S. Kour, Sr. Advocate with Ms. Manpreet Kour, Adv. Learned Senior Counsel for the petitioners submits that the petitioners have filed OWP No. 203/2016 seeking regularization of the land which is in their possession. 14. In view of the aforesaid submission, let OWP No. 752/2017 be delinked from the bunch of this petitions and be listed for analogous hearing along with OWP No. 203/2016 on 08.08.2017. Manpreet Kour, Adv. Learned Senior Counsel for the petitioners submits that the petitioners have filed OWP No. 203/2016 seeking regularization of the land which is in their possession. 14. In view of the aforesaid submission, let OWP No. 752/2017 be delinked from the bunch of this petitions and be listed for analogous hearing along with OWP No. 203/2016 on 08.08.2017. MP No. 790/2013 15. Learned Dy. AG prays for and is granted three weeks’ further time to file the latest status report by way of indulgence in view of order dated 19.07.2017 passed by this Court in WPPIL No. 19/2011. 16. Let a copy of this order be supplied to learned Dy. AG under the seal and signatures of the Bench Secretary of this Court. 17. List as above.