DB restrains construction on agriculture land

Excelsior Correspondent
JAMMU, Dec 11: In a Public Interest Litigation (PIL) filed by Ranjeet Singh Chib highlighting illegal conversion of world famous basmati growing land into concrete jungle in R S Pura Sub-Division, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan today restrained construction activities on the agriculture land.
“This court while issuing notice on 11.09.2014 had directed the respondents to constitute a committee headed by an officer not below the rank of Assistant Commissioner to make survey of R S Pura Sub-Division and submit report regarding actual area of agricultural land converted to non-agricultural use”, DB observed, adding “in the status report, it has been pointed out that survey in respect of Niabat R.S.Pura Khas has been conducted and 147 kanals and 04 marlas of land has been converted into non-agricultural use”.
“Likewise, in Niabat Badyal Brahmana, the verification has been carried which indicates that total 257 kanals and 08 marlas of land has been converted into non-agricultural use. Similarly in Niabat Miran Sahib, 142 kanals and 04 marlas of land has been converted into non-agricultural use and in Niabat Maralian, 10 kanals of land has been converted into non-agricultural land”, the DB observed.
When Division Bench asked AAG HA Siddiqui to explain how conversion of agricultural land at such a large scale has taken place, he conceded that it was obviously without any permission under Section 133-A of the Land Revenue Act.
“If that be so, then respondents are obliged to initiate action because raising of construction on agricultural land would flagrantly violate the provisions of Section 13 of the Agrarian Reforms Act 1976”, the DB said, adding “the respondents are given four weeks time so that consequential action is initiated against the persons who have converted the land use”.
The DB directed that no further construction shall be permitted by the authorities unless the construction is authorized by permitting conversion under Section 133-A of the Land Revenue Act. “This court being Custodia Legis further directs that no other forum/court should entertain any litigation in respect of the subject under consideration”, the DB further directed.