Excelsior Correspondent
Srinagar, Jan 9: High Court has rejected the claim of land and compensation in Pahalgam by the petitioners citing that the claimants have approached the court after a gap of fifty years claiming the rights over the land in question.
Justice Javed Iqbal Wani has dismissed the plea of the claimants over the land situated in Pahalgam by recording that no plausible and satisfactory explanation has been offered by the petitioners in their plea as to what prevented them from claiming a right over the land in question ever since the same had been taken over by the respondent-authorities in the year 1959.
The facts under the shade and cover of which the reliefs are prayed by the 12 families are that they are jointly recorded as owners of the land measuring 16 kanals 6 marlas situated at Mamal Pahalgam, Anantnag, alleged to have been illegally occupied by the authorities and handed over to Railway Authorities for construction of Railway Holiday Home without either undertaking any acquisition proceedings.
The claimants stated that they came to know about the taking over of their land in the year 2012 upon receiving revenue extracts before the respondent-authorities, whereupon a report came to be sought by the concerned officials and thereafter did not take any further action in the matter, thus, necessitating the filing of the instant petition before this Court.
Court said the State authorities have had earlier constructed a youth hostel thereon the land before its transfer to the railway authorities by the Chief Engineer, Public Works Department, Kashmir.
The Sub Divisional Magistrate Pahalgam in its report dated 27.04.2022, stated that as per the record of the rights of Mamal Estate, a settlement was done in the year 2009-10 and Survey nos. 80, 81, 84 and 257 though in the name of private respondents, yet, is recorded as Makbooza Sarkaar in the tenancy column and under Khasra nos. 80, 81 and 84 exists Helipad in Pahalgam and on a portion of land covered under Survey no. 257 exists a park maintained by Pahalgam Development Authority.
The rest of the land has got merged with the river Lidder and that land measuring 31 kanals 8 marlas covered under Survey nos. 79, 80, 81, 84 and 57 is under the possession of Helipad Authorities and land measuring 28 kanals 5 marlas covered under 8 Sarsai covered under Survey nos. 44, 78, 73, 69, 71, 68, 67, 70, 65 min, 76 and 74 min is under the possession of Railway Authorities.
“Keeping in mind the principles of law and coming back to the case in hand, there is no denial to the fact pleaded by the respondent-authorities that the land stands under their occupation since 1959, after the same had been transferred to them by Public Works Department, Kashmir”, court said.
Court said the claimants indisputably have lodged a claim over the land for the first time in the year 2011 while maintaining an application before the Collector. No plausible and satisfactory explanation has been offered by the petitioners in the petition as to what prevented them from claiming a right over the land in question ever since the same had been taken over by the respondents in the year 1959.
“In absence of any satisfactory explanation by the petitioners in this regard in the matter does not warrant exercise of discretion by this court in the instant petition. Viewed thus, what has been observed, considered and analyzed hereinabove the petition is found to be hopelessly bard by delay and laches as such, entails dismissal. Accordingly, the petition is dismissed along with all connected applications without any costs”, court concluded.
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