Jammu & Kashmir High Court
Madan Lal And Others vs Union Territory Of J&K And Others on 28 September, 2020
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Sr. No. 105
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(Through Video Conferencing)
WP(C) No. 1481/2020
CM Nos. 4925/2020 & 4926/2020
Madan Lal and others ...Petitioner(s)
Through: - Ms. Monika Kohli, Advocate
(Through video conference)
v/s
Union Territory of J&K and others
... Respondent(s)
Through:- Mr. S. S. Nanda, Sr. AAG
(Through video conference)
Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
1. The petitioners are claiming following reliefs in this writ petition:-
"A) MANDAMUS
a) Commanding the respondent no.3 & 4 to demarcate the land of the petitioners before transferring the land situated at Village Sunjawan District Jammu in favour of Respondent No.3.
b) Commanding the respondents to implement the order dated 24.08.2020 passed by this Hon'ble Court in case titled Madan Lai & Ors V/s UT of J&K & Ors. WP(C) No. 1365/2020 where in the respondent no. 4 & 5 were directed to consider and decide the application/representation of petitioners within ten days in accordance with rules governing the field and till the final disposal of the writ petition the respondents may kindly be directed to maintain status quo with respect to the land of the petitioner.2 WP(C) No. 1481/2020
B) PROHIBITION:
a) So as to restrain the respondents from taking possession of the land of the petitioners without following the due process of law and without demarcation of the land.
b) Restraining the official respondent no. 1, 2, 4-6 from transferring the land of the petitioners to respondent no.3 till the final disposal of the writ petition.
2. The case of the petitioner is that they are residents of village Sunjawan, Tehsil and District Jammu and are cultivating and residing on the land comprised in Khasra Nos. 887, 889, 890 since 1958. The name of the father of the petitioner No. 1 and grandfather of petitioner 2 and 3 is reflected in revenue record of village Sunjawan in respect of the above said khasra numbers. They are residing there since 40 to 50 years and prior to that father and grandfather of the petitioners were residing for the last 80 years. They have constructed their residential houses on the piece of land. It is further their case that they came to know that their houses are being demolished and respondent No. 5 along with his entire team visited the site and directed them to remove their belongings and also threatened the petitioners that they will demolish the structures constructed on such land. It was further pleaded that land in Khasra. No. 886 has been allotted to respondent No. 2 and respondents under the grab of handing over land under khasra No.886 are forcibly trying to demolish their structures which are on the khasra Nos. 887, 889 & 890 not on khasra No. 886. Petitioners further allege that respondent- PDD Department is interfering in the land of the petitioners. The land under their possession has been allotted to them in the year 1958. The respondents are interfering in their land without any authority and without properly demarcating the land and are bent upon to take over the possession of the land 3 WP(C) No. 1481/2020 in their possession instead of land comprising in khasra No. 886. The petitioners being aggrieved of the action of the respondents filed a writ petition titled Madan lal and ors vs. Union Territory of J&K and others, which was dismissed on 05.08.2020 in with the following observation:-
"....Needless to say, that petitioners shall be free to approach respondents with application for remedy of their gravemen so groused by them in writ petition on hand and it is expected that respondents would consider and decide the application, if any, made by petitioners, on its own merits."
3. The petitioners' further case is that pursuant to order dated 05.08 2020, they approached the office of respondent No. 3 on 06.08.2020 to make a representation but because of COVID- 19 pandemic, they were not allowed to enter the office. They again approached on 07.08.2020, but as they were not allowed the application/representation was sent through registered post on 11.08.2020. Since that representation was not decided, another writ petition bearing WP(c) No. 1365/2020 was filed and the said writ petition was disposed of with the following observations:-
"Given the case set up coupled with submissions made by learned counsel for parties, writ petition is disposed of with a direction to respondents 4and 5 to consider and decide the application/representation of petitioners within ten days in accordance with rules governing the field. Petitioners shall do well to approach the office of Deputy Commissioner, Jammu tomorrow, the 25th August 2010, at 11.00 AM and they shall be permitted to enter the office/premises of Deputy Commissioner, Jammu after observing all the SOPs regarding pandemic COVID-19."4 WP(C) No. 1481/2020
4. It is further submitted that despite the representation made in terms of the order of this Hon'ble Court same was not decided and the respondents without deciding their representation came on the spot along with the JCB and were bent upon to demolish the structures belonging to the petitioners. It is submitted that the respondents are not implementing the order of this Court and are harassing them by forcibly taking the possession of the land of the petitioners comprising in khasra Nos. 887, 889 & 890.
5. It is further submitted that the respondents cannot demolish the structures of the petitioners as the structures are on khasra Nos. 887, 889 and 890 and not in khasra No. 886.
6. Issue notice. Mr. S. S. Nanda, learned Sr. AAG accepts notice on behalf of the respondents. He has already been provided copy of the writ petition. He submits that this writ petition can be disposed of at this stage without calling for objections.
7. Mr. SS Nanda learned Sr. AAG who caused his appearance on behalf of the respondents submitted that land measuring two kanals comprising in khasra No. 886 has already been handed over to respondent No.
8. He further submits that the application/representation of the petitioners seeking demarcation of the land could not be taken up and disposed of because the concerned Tehsildar was in quarantine due to COVID-19. He submitted that the application/ representation would be disposed of. He further submits that the respondents are not going to demolish the structures as alleged by the petitioners and in the event their structures are to be demolished or petitioners are to be evicted from the land comprising in khasra Nos. 887, 5 WP(C) No. 1481/2020 889 and 890, due process of law would be adopted. It is further submitted by him that since the grievance of the petitioners is that their application/representation has not been disposed of, the structures are being demolished without adopting due course of law, the said grievance is unfounded because respondents are not intending to take any action forcibly and whatever action would be taken or is intended to be taken against the petitioners in respect of the land or structures same would be taken strictly in accordance with law and application/representation for demarcation would be disposed of expeditiously. He submits that this writ petition may accordingly be disposed of at this stage on the basis of statement made above.
09. Ms. Monika Kohli, learned counsel for the petitioners also submits that the petitioners would be satisfied if this writ petition is disposed of at this stage keeping in view the submissions/statement made by Mr. S.S Nanda, learned Sr. AAG appearing for the respondents.
10. Therefore, in view the statements made by Mr. S. S. Nanda, learned Sr. AAG, as well as by Ms. Monika Kohli learned counsel for the petitioners this writ petition is disposed of with the following directions:-
i) respondents 4 and 5 to dispose of the
application/representation for demarcation filed by the
petitioners within a period of two weeks;
ii) Respondents will not demolish the structures on khasra Nos.
887, 889 & 890 or evict the petitioners from the said land without adopting due course of law
iii) This order shall not come in the way of the respondents in so far as land comprising in Khasra No. 886 is concerned; 6 WP(C) No. 1481/2020
11. This writ petition is, accordingly, disposed of along with connected CM.
12. Copy of this order be provided to Mr. S. S. Nanda, learned Sr. AAG through e-mail or whattsup.
(Vinod Chatterji Koul) Judge Jammu 28.09.2020 Bir Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No BIR BAHADUR SINGH 2020.09.29 12:24 I agree to specified portions of this document