Excelsior Correspondent
Srinagar, Sept 19: High Court has directed Divisional Commissioner Kashmir to have the matter examined and report the court with regard to alleged encroachment on water channel by police by raising a police station there.
The division bench of Chief Justice Gita Mittal and Justice Puneet Gupta in view of the dispute raised by the inhabitants and the contentions of the parties directed the issue be place before the Divisional Commissioner Kashmir for examining the matter and submitting his report before the court.
Court had directed the DC Kulgam to find out as to whether the Police Department has encroached upon the Kohl (Water Channel) or not and the team was constituted to demarcate the land so that the actual position is brought before the court
The Deputy Commissioner Kulgam after compliance of court orders filed his affidavit informing therein that the demarcation of the land in question has been conducted and which in the revenue records in recorded as a water channel and out of 67 kanals, a land of 4 kanals and 12 marlas have been illegally taken by the police department Kulgam and SSP concerned was also informed about the fact.
The counsel appearing for Police Department submitted before the bench that his department is not an encroacher but it is the petitioners who have encroached upon the said land. He further added that the Police Station has been raised on a State land and there is no encroachment on part of the police authorities.
Court after having regard to the report of DC Kulgam said, that it cannot be denied that the police station is absolutely imperative and essential to maintain law and order problem. However, it cannot be denied that all actions have to abide by the law.
Court as such in order to find out the actual position on spot directed Divisional Commissioner Kashmir to examine the matter and report the court on next date of hearing.
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