Excelsior Correspondent
Srinagar, Nov 4: High Court has dismissed a batch of appeals filed by the villagers challenging transferring of the grazing land by the authorities for the construction of high security prison.
The three petitions were filed by the villagers of Dambra, District Kathua, through their representatives, challenging the act of the State in transferring certain Shamlat Deh (Mehfooz Kacharai) land located in village to the Prisons Department for setting up of a high security prison in Dambra village.
The villagers approach the court on the ground that authorities had illegally transferred the Shamlat Deh (Mehfooz Kacharai Land) to the Prisons Department of Jammu and Kashmir in violation of a number of judgments of the Supreme Court relating to protection and preservation of environment and also various orders issued in this regard by the State authorities putting a bar on transfer of Shamlat Deh (Mehfooz Kacharai) land/community land for other purposes.
The Government counsel however submitted that construction of high security prison at village Dambra does not pose any threat to the environment, natural resources, as well as the ecosystem. Further, in lieu of the Shamalat Deh (Mehfooz Kahcharai) land transferred to the Prisons Department, State land measuring 160 Kanals situated in the same village had been transferred to the village to be utilized as Shamalat Deh (Mehfooz Kahcharai). Thus, the village is adequately compensated by transfer of State land.
Division Bench of Chief Justice N Kotiswar Singh and Justice Moksha Kazmi said the transfer of land had the approval of the Administrative Council of the Government of Jammu & Kashmir and after the enactment and implementation of the Jammu and Kashmir Re-organization Act, 2019, and creation of the UT of Jammu & Kashmir, the Lieutenant Governor of the UT is responsible for the administration of the UT of Jammu & Kashmir. Thus, the Administrative Council takes all important policy decisions in the UT of Jammu and Kashmir.
“The appellants/villagers of Dambra may have a right to enjoy the Samalat Deh (Mehfooz Kahcharai) land in the village, yet it cannot be said that the land belongs to them. The State is ultimately the custodian of such land as a trustee for such land to be used by the villagers for their benefit”, DB recorded.
Court further added that it cannot be said that the villagers are the owners of the Shamalat Deh (Mehfooz Kahcharai) land. Thus, if such land is utilized for a public purpose, it cannot be said that the legal rights of the villages are infringed.
“We are, thus, satisfied that the transfer of Shamalat Deh (Mehfooz Kahchari) land by the State vide order dated 02.03.2022 is valid. Hence, the subsequent acts of the authority in issuing NIT and constructions made on the transferred land do not warrant interference from our end. Under the circumstances, after hearing the parties and on perusal of the record and for the reasons discussed above, we are of the opinion that there is no merit in these writ petitions as well as in these appeals and accordingly, the appeals deserve to be dismissed as being devoid of merit”, Court concluded.
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