DB directs State to divulge names of encroachers within 4 weeks

Excelsior Correspondent
JAMMU, Sept 4: In a significant development, the Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today directed the State to submit complete information divulging the names of those who have encroached over 20 lakh kanal State land across Jammu and Kashmir.
When the Public Interest Litigation (PIL) against encroachment of State land by the mafia in connivance with the bureaucrats and politicians came up for hearing, Additional Advocate General (AAG) H A Sadiqqui submitted that information with regard to regularization of land under the Roshni Act has been submitted to the court in four volumes.
However, Advocate S S Ahmad, who along with Advocate Suraj Singh was appearing for the petitioner, brought to the notice of the Division Bench that huge area of State land is in illegal occupation of the land mafia, which is comprised of bureaucrats, legislators and other as per the allegations.
In this regard, Advocate Ahmad placed reliance on a reply furnished to a starred question given in Assembly—AQ No.618.  “According to the information divulged, the illegal occupation of land and the area, district wise, has been given”, he said.
He argued that regularization of land under Roshni Act, has expired in the year 2007 and the information divulged in answer to the starred question is somewhere in the year 2012-13. “Vital part of the information has been withheld by not divulging the names of those who are in illegal occupation of the land as is evident from the answer to the starred question which says that the exact information regarding particulars of illegal occupants of State land is voluminous”, Advocate Ahmad said.
“The citizens of the State are entitled to know the identity and names of illegal occupants of the State land and would also be interested in their eviction so that public exchequer is not deprived of the revenue as well as the valuable land”, the counsel for the petitioner said.
After hearing Advocate S S Ahmad along with Advocate Suraj Singh for the PIL, Advocate SK Shukla for the CMA whereas Senior AAG Gagan Basotra and AAG HA Siddqui for the State and Senior Advocate Sunil Sethi with Advocate Veenu Gupta for the RB Educational Trust, the DB, in the open court directed that complete information divulging names of those who have encroached upon over 20 lakh kanal State land be disclosed to the court so as to take a view for further course of action.
“Needful should be done within a period of four weeks with copy in advance to the learned counsel for the petitioner and counsels for other parties”, the DB said and asked the Registry to list the PIL for further consideration on September 30. The DB also directed that the copy of information with regard to regularization of land under the Roshni Act be also furnished to the counsel for the petitioner.
According to the reply to the starred question, 33710  kanal of State land is under illegal occupation in Anantnag, 46920 kanal in Bandipora, 114135 kanal in Baramulla, 43742 kanal in Budgam, 24544 kanal in Ganderbal, 29114 kanal in Kulgam, 54034 kanal in Kupwara, 40620 kanal in Pulwama, 13180 kanal in Shopian, 44294 kanal in Srinagar, 177551 kanal in Doda, 160358 kanal in Jammu, 104746 kanal in Kathua, 75159 kanal in Kishtwar, 129717 kanal in Poonch, 396018 kanal in Rajouri, 167521 kanal in Ramban, 141524 kanal in Reasi, 97133 kanal in Samba and 152416 kanal in Udhampur.