Fayaz Bukhari
Srinagar, Apr 23: The State High Court today sought response from the Government with regard to conversion of agriculture land and encroachments on State land.
Court also sought compliance of court direction passed from time to time in which authorities like Divisional Commissioner Kashmir and all Deputy Commissioners were directed to ensure that there is no conversion of agriculture land as also encroachments on State land.
These authorities were directed to ensure implementation of statutory provision regarding removal of encroachments from Khacharie land and ensure that direction of the Supreme Court and this court are implemented.
These authorities were warned by court for stringent action in case they have failed to ensure with the court orders and land laws like Agrarian Reforms Act and Land Revenue Act.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey granted three weeks time to Government on the request of State counsel N H Shah (AAG) to come with clear stand as despite the Laws in force and court directions, conversion of agriculture land is going on ‘unabated’.
Court is seized of a Public Interest Litigation in which enforcement of all those enactments more particularly the Agrarian Reforms Act is being sought under which the tiller of land was given the rights of ownership.
But the tiller is transferring the land vested to him by its conversion into residential housing colonies. In the PIL strict enforcement and implementation of laws which ban the conversion of Agrarian land into unauthorized residential colonies.
It is said that as the Agrarian Act and its object is intentionally defeated as hundreds and thousands of kanals of agriculture land is being converted into residential colonies without any legal permission from the concerned authorities.
In another direction DB directed Deputy Commissioner Budgam to file an affidavit before the court stating therein as to what action has been taken against those who have encroached upon the State land.
The direction upon the Deputy Commissioner Budgam has been passed in light of a communication addressed to him by Tehsildar Budgam in which total land available in terms of revenue record in the area is mentioned.
In the said communication it was also stated that some part of this land is in illegal possession of private persons. “Meanwhile, DC Budgam will also make suggestions about the measures to be taken for protection of the land”, the bench said.
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