Excelsior Correspondent
Srinagar, Oct 22: High Court while dismissing the plea of villagers against the construction of road under PMGSY paved the way for the authorities to construct the much-awaited road for the general public in district Ganderbal.
The Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul dismissed the plea of one faction of villagers against the construction of a road in the Kangan area of district Ganderbal.
The construction of the road under the Prime Minister’s Gram Sadak Yojana has the approval of the Ministry of Rural Development, Government of India. The proposed road will prove as a lifeline to the inhabitants of Badi Pathri.
DB said that no right of the petitioners- appellants had been infringed and that the construction of the road is proposed as per the policy decision of the Government. The land has been acquired in accordance with law and that there is no challenge to the acquisition proceedings.
The aggrieved villagers had halted the construction of the road by obtaining a stay order on the ground that the Kahcharai land cannot be acquired and that the construction of the road is not in public interest.
“The construction of the road as previously mentioned is under the Prime Minister’s Gram Sadak Yojana and has the approval of the Ministry of Rural Development, Government of India, that has taken a conscious decision that it would benefit the inhabitants of Badi Pathri of Kangan area. The said policy decision is not a matter of judicial review”, DB said.
Court with regard to the acquisition of Kahcharai land said, there is absolutely no prohibition in law, especially the Land Acquisition Act, that such land meant for grazing purposes cannot be acquired.
Court noted that Kahcharai land is a land for grazing purposes and is the property of the Government which is utilized for the benefit of the villagers. The Jammu & Kashmir Kahcharai Act defines Kahcharai to mean ‘revenue derived or derivable from any duty, fee, tax fine or penalty imposed in relation to levy of grazing’.
The said Act, court said, provides for the collection of revenue of grazing, for registration of nomads as grazers and the various offences in relation thereto but it nowhere provides that the land kept or earmarked for grazing purpose in a village is not open for acquisition.
Court held the submissions of villagers counsel that Kahcharai land cannot be acquired for construction of road as irrelevant otherwise also as the villagers-appellants have not challenged the acquisition proceedings on the above ground. “The acquisition proceedings stand concluded and, therefore, the submission to the above effect is completely misconceived and cannot be accepted”, court added.
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