Excelsior Correspondent
Srinagar, Sept 11: The High Court has directed the Revenue authority to retrieve the encroached big chunk of grazing land from the illegal occupants and expedite the construction of playground in a Baramulla village.
Justice Sanjeev Kumar directed Tehsildar Kawarhama in district Baramulla to ensure that the entire Kahcharai (grazing) land available in village Chichiloora tehsil Kawarhama district Baramulla, is retrieved from the illegal occupants and a report in this regard is submitted in this Court on the next date. The Court also directed the authorities to expedite the construction of playground in the village.
In this connection, court has issued notice to Commissioner cum Secretary Revenue Department, Principal secretary Planning Development & Monitoring department, Deputy Commissioner Baramulla, Director Rural Development Kashmir Srinagar, District development Commissioner, Baramulla, Tehsildar Kawarhama, district Baramulla, Executive Engineer REW Baramulla and SP Baramulla seeking their response to the contentions raised by the villagers in their petition.
The villagers Chichilora tehsil Kawarhama, district Baramulla, stated that the said village is having recorded 1058 kanals of Kahcharai land (grazing section 4 land) and the said Kahcharai land has been encroached upon by the various villagers from time to time but presently only few kanals of said Kahcharai land are available on the sport on which respondents are constructing “Play Ground” in-terms of Government no: DDCB of 2021/168 dated: 25.08.2021 at serial no: 94.
The petitioners are challenging the said order to the extent of construction of Play field to the village Chichilora on grazing land without following the procedure prescribed under law. Hence, the allotment for construction of play field on grazing land is illegal, arbitrary and violative of law governing the field and particularly the judgment of Supreme court.
That petitioners through their Counsel R A Bhat submitted that they are not in opposition of construction of play ground but the construction of play ground on Kahcharai land then in that situation the said Kahcharai land is to be acquired in-terms of law and the villagers for whom this land is recorded as Kahcharai land are to be compensated or an alternate land is to be given for grazing purposes.
It is mentioned here that the Supreme Court has already directed all States to restore the Kahcharari land and in-pursuance and the then Cabinet of J&K in the year 2011 had taken a decision by virtue of Cabinet decision No: REV/LIT/218/2011 Dated: 28.11.2011whereby all Deputy Commissioners of J&K had been directed to remove all encroachments upon the Kahcharai land.
They are seeking direction that the authorities be be directed to restore the entire Kahcharai land measuring 1058 kanals of revenue village chichiloora tehsil kawarhama district Baramulla in-terms of Supreme Court judgment ruling passed in the year 2011 and they be compensated for the loss caused due to the mass cutting of fodder trees while starting the construction of play filed despite the fact that they are not averse to the construction of play ground in the village but of course in tune with the procedure prescribed under law.
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