Excelsior Correspondent
Srinagar, Mar 19: The High Court has directed the District Magistrate Anantnag for demarcation of migrant land and other parties and hand over the same to the rightful owners as per their entitlement and observed that it will ensure protection and preservation of the migrant property.
The Division Bench of Justice Ali Mohammad Magrey and Justice Mohan Lal while passing the direction to District Magistrate Anantnag for demarcation of land said the act of the court should prejudice none.
Court said that in order to ensure justice, Revenue authorities are asked to demarcate the land of the appellants and that of the migrants with reference to their entitlement under law as that will ensure protection and preservation of the migrant property as well.
“We further direct the District Magistrate to undertake the exercise of demarcation of the land of appellants and that of migrants in presence of the parties under his personal supervision. The District Magistrate Anantnag, shall ensure that on demarcation the possession of the land is handed over to the rightful owners as per their entitlement”, the DB further directed.
The controversy in the matter is that an application was filed by the migrants – Gautam Bali and Sumeet Bali – who claim ownership over land measuring 7 kanals 3 marlas of Estate Mamal in Tehsil Pahalgam. They filed an application for protection of their property in their status as migrants based upon which action was taken.
The appellants-Imtiyaz Ahmad Shah and others claim that they have purchased certain parts of land falling under survey No. 310 in Estate Mamal, Pahalgam, which is accompanied with rights of Shamlat, which falls under Survey No. 309 and in that regard, claim that the official machinery should not interfere with the possession of the petitioners over the said piece of land.
However, the migrants refuted the said stand of the petitioners with the submissions before the court that no part of Shamlat land is at all contained in Survey No. 309. According to the report submitted by the Tehsildar, Pahalgam to the District Magistrate, Anantnag, the petitioners are actual owners only in regard to land falling under survey numbers 28, 29, 30, 31 and 310 2 upon which certain constructions have been raised. However, over the land measuring 7 kanals 3 marlas falling under Survey No. 309 owned by the private respondents-migrants, the petitioners have installed an electricity generator.
The appellants, however, state that they are in possession of the land measuring 4 kanals covered by Survey No. 28 Min (01 Kanal); 29 Min (11 Marlas); 30 Min (07 Marlas); 31 Min (18 Marlas); and 310 Min (01 Kanals and 04 Marlas) along with two storeyed huts and Shamilat land at Mamal, Pahalgam, Anantnag, pursuant to its purchase.
It has been submitted before the court that the migrants are claiming a plot of land stated to have been given in exchange to the predecessor-in-interest of them in the year 1944 for which the mutation stands attested in their favour in the year 2008 indicating only the Plot No. 17-F and no survey number is mentioned in the said mutation order.
The counsel appearing for the migrants submitted before the bench that the District Magistrate, Anantnag, has proceeded in the matter in terms of the provisions of the Migrant Act and the action was taken in pursuance to the report of the field agency, i.e. Tehsildar concerned and the Court was justified in rejecting the claim of the petitioners/ appellants.
The DB after having heard both the parties said the Writ Court admittedly has passed the judgment under challenge on the objections filed by the respondents to the extent of declaring the land under Khasra No. 309 measuring 7 kanals and 3 marlas as proprietary land of migrants on the basis of the report of Tehsildar concerned.
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