Excelsior Correspondent
JAMMU, Dec 27: Prime land worth over Rs 100 crores at posh Gole Market area of Gandhi Nagar was retrived by the Jammu & Kashmir Housing Board officials with the assistance of strong police contingent in violence free operation during last night.
Official sources said that the anti-encroachment operation which was launched at around 11 pm last night directly under the command of Managing Director of J&K Hosuing Board Shahid Saleem, continued till 3.30 am today. Click here to watch video
Over 100 officials including MD, Collector, Secretary, Tehsildar J&K Housing Board and concerned SDPO and SHO were involved in the operation. The team initially faced some resistance from the peole occupying the land but later they did not confront, seeing heavy police deployment. The team also removed three temporary structures (Khokhas) using JCBs.
Principal Secretary, Housing and Urban Development Dheeraj Gupta, Divisional Commissioner Jammu, Sanjeev Verma and IGP Jammu, Mukesh Singh also visited the site this morning and directed for early concrete fencing of the retrieved Govt land. The Police team has been deployed there to prevent any re-encroachment, the official said.
Managing Director, J&K Housing Board Shahid Saleem when contacted told the Excelsior that the land measuring 6.8 kanals was allotted to the J&K Housing Board by the Government in 1980 and was envisaged to be used for construction of a Commercial complex. The land was later encroached upon and involved in undue litigation by the encroachers who rested their claim on the Government order of 1958 which they lost in the Supreme Court and High Court of J&K.
Elaborating further the MD said, the land in question was given out by virtue of Government Order issued in 1958, and that land measuring 74 Kanals-06 marlas was transferred to Ziarat at Gandhi Nagar, Jammu. Subsequently, 12 Kanals and 05 marla of land was later transferred from Ziarat on payment of compensation to Public Works Department. The total area with Ziarat remained 62 Kanals-01 marla.
Meanwhile, the land in village Rakh Bahu was transferred to Gandhi Nagar Colony and the aforementioned land measuring 62 Kanals, transferred to Ziarat is situated in Centre of the colony. In 1959, the Muslim Wakaf Act was passed laying down procedure for administration of Wakaf property. Thus the land measuring 62 Kanals and one marla became Wakaf property. In 1967, the Wakaf Committee filed a suit in the Court to declare the land measuring 62 Kanals and one marla as Wakaf property. The matter landed in the High Court and the Court in the Civil Second appeal No. 04 of 1973 declared the land measuring 62 Kanals and one marla as Wakaf property.
Then against the order of High Court, the private parties approached the Supreme Court in Civil Appeal No.1484 of 1974. On February 07, 1991 the Supreme Court upheld the decision of High Court, J&K declaring the land measuring 62 Kanals 01 marlas as Wakaf property. Till date the private parties are enjoying the possession of 62 Kanals and 01 marla land. Meanwhile in 1980, vide Government Order No.125-UD of 1980 dated 25.02.1980; two patches of land were transferred to J&K Housing Board in Gole Market area.
It is pertinent to mention here that in 1983, the private parties approached the Munsiff Court, Jammu claiming possession and ownership of two plots measuring 160’+120’x210’ allotted to J&K Housing Board. The suit was dismissed on 15.09.1984. In 1994, J&K Housing Board initiated the process of constructing commercial complex at site. While on the other patch (1.12 kanals), J&K Housing Board has already constructed Shopping cum Office Complex.
The private parties took the matter of two patches of land to the High Court by challenging the orders of Lower Court. The High Court in OWP No. 211/96 on 15.11.1999 dismissed their plea. The order of Single Bench was challenged by private parties in Division Bench and the Division Bench dismissed the appeal (OW No.69/2000). The private respondents filed review petition with the Single Bench in which they were allowed to agitate before right forum. On 26.06.2013, the Municipal Magistrate, Jammu dismissed the suit of the plaintiffs (private parties) for possession and ownership of two patches of land in the Civil Suit file No.249/2012.
The private parties, however, claimed that the land belonged to them as allotted during Bakshi Ghulam Mohammed’s time. They also claimed that the Additional District Judge, Jammu has stayed decree of 29.06.2013 in the matter.
However, the J&K Housing Board officers told the Excelsior that the private parties have no documents to substantiate their claim in Court of Law and time and again are relying on the Govt Order of 1958 by virtue of which land stands transferred to Auqaf Department for ulterior motives despite the Supreme Court judgement against them in 1991.
The MD informed that an area of 2155 Kanal and 05 Marla is recorded in Revenue records under the ownership and possession of J&K Housing Board in Gole Market area of Gandhi Nagar, Jammu and the encroachers are trying to engage the Auqaf and J&K Housing Board in mischievous litigation to keep the possession of the property.
“The stand of Housing Board is clear that the land on which these encroachers are staking claim is having dimensions of 160’+120’x210’ i.e. measuring 29400 sqft. i.e. 5.4 kanals. However, the land allotted and in possession of J&K Housing Board is of altogether different dimensions and is measuring 6.8 kanals,” the MD claimed.
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