Excelsior Correspondent
Srinagar, Apr 25 High Court has dismissed the plea seeking exchange of proprietary land in lieu of Kahcharai land and said the same is not permissible.
Petitioner Abdula Karim Bhat of Beerwah Budgam has filed the writ petition seeking a direction upon authorities to grant sanction and permission in his favour for exchange of proprietary land measuring 08 marlas in lieu of khacharai land measuring 08 marlas situated in the same area.
He has contended that an application was submitted before the Deputy Commissioner concerned for exchange of land, who in turn forwarded the same to the Tehsildar concerned and a detailed report was called from the field agencies regarding the offer made by him and no objection certificates were also issued by the different departments in support of the claim of the petitioner.
According to him, this Court has in a number of other similar cases passed directions to the respondents wherein the respondents have been directed to take decision on the representation of the petitioners therein, but in the instant case, the respondents are not taking any decision on the application made by the petitioner, which has compelled the petitioner to approach this Court.
Justice Sanjay Dhar while dismissing the plea said the exchange of proprietary land for encroached kahcharai land is not permissible now and the Deputy Commissioner concerned has no power to accept any such offer.
“In the absence of any legal basis or statutory framework for considering the offer of the petitioner, it would not be open to this Court to issue a Writ of Mandamus against the respondents to accept the offer of the petitioner”, Court said.
The petitioner through his counsel however contended that the Government of Jammu and Kashmir has come up with a policy for protecting the rights of small land holders who are in possession of kahcharai land and, as such, the possession of the petitioner over the land in question is required to be protected.
“In this regard it is to be noted that no such policy has been brought on record by the petitioner nor the particulars of any such policy have even been mentioned by him. Even if there is any such policy, it shall be open to the respondents to deal with the case of the petitioner in accordance with such policy but the petitioner cannot seek direction upon the respondents to grant sanction for exchange of his proprietary land in lieu of kahcharai land as the same is not permissible in law”, reads the judgment.
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