Excelsior Correspondent
Srinagar, Aug 9: The High Court today ruled that the permission for alienation of agricultural land into other purposes cannot be insisted upon as the Government order for this purpose has lost its relevance with the efflux of time.
Justice Rajesh Sekhri allowed the plea of the petitioner who was denied the revenue documents by the concerned authorities on the ground that prior to alienation of his land has to apply with the Government for permission for such activity in terms of Government order of 1966.
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Justice Sekhri said the Government Order in question i.e. G.O. 432 of 1996 dated 03.06.1966 has lost its relevance and significance with the efflux of time and now prior permission of the Government for alienation of land, under the guise of the aforesaid Government order cannot be insisted upon.
“The aforesaid authoritative pronouncements, rendered by this Court, constitute a binding precedent and having assumed the legal status, are binding upon all the Courts, Tribunals and Authorities across the Union Territories of J&K and Ladakh and insistence upon prior permission of the Government, for alienation of land, on the premise of the aforesaid Government order is contumacious”, read the judgment.
The court after having regard to what has been observed and discussed, directed the concerned revenue authority to issue Fard Intekhab (revenue extract) qua of the subject land, in favour of the petitioners within a period of one week.
Application filed by the petitioners for issuance of revenue extracts for alienation of the subject land was rejected by the revenue authority on the solitary ground that they have not obtained prior permission of the Government in terms G.O. No. 432 of 1966.
Petitioners submitted they applied online for issuance of revenue extracts for a piece of their proprietary land measuring 9 kanals situated at village Bara, district Samba for the purpose of alienation of the aforesaid land but the same came to be rejected by on 16.11.2023, on the ground that there is violation of G.O. No. 432 of 1966 dated 03.06.1966.
It has been contented before the court that since the requirement of obtaining prior permission of the Government for alienation of land, in terms of the aforesaid Government order, has been rendered otiose with the passage of time, therefore, they are entitled to the issuance of revenue extracts in their favour for alienation of the subject land.
The court said that the significance of the aforesaid Government Order, passed way back in 1966 came up for discussion before a coordinate bench whereby the Court has clearly ruled that the condition of seeking previous permission of the Government for alienation of land, which was given for agriculture purposes is rendered otiose and will not effect right of the owner of land to alienate the same.
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