Jammu & Kashmir High Court
Partap Singh And Another vs State Of J&K And Others on 13 March, 2020
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 38
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 1222/2010 (O&M)
Partap Singh and another ...Petitioner(s)
Through:- Mr. B. S. Salathia, Sr. Advocate with
Mr. Pulkit Churungo, Advocate
v/s
State of J&K and others ... Respondent(s)
Through:- Mr. Vishal Sharma, ASGI
Coram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
1. The issue sought to be raised in the present writ petition was summarized in the order passed by this Court on 28.01.2020. The same reads as under:-
"The issue raised in OWP No. 645/2007 filed by the Union of India is regarding construction of a Degree College within 900 meters of the Ammunition Depot. Initially, there was interim stay granted. However, vide order dated 15.07.2009, the same was vacated and the Degree College has come up at that place.
In OWP No. 1222/2010, the issue raised is that the land owned by the petitioners herein do not fall within 900 meters of the Army Ammunition Depot, hence, there cannot be any restriction on raising any construction by the petitioners.
Learned counsel for the parties are agreed that the demarcation of the area be carried out in the presence of the officers of Revenue Department, Army and the petitioners to find out as to whether the land owned the petitioners falls within 900 meters of the Army establishment in the area.2 OWP No. 1222/2010
Let the needful be done and a report thereof be furnished by Mr. S. S. Nanda, Sr. AAG in Court on the next date of hearing.
Adjourned to 13.03.2020.
A copy of this order be placed on the file of the connected case."
2. The demarcation was carried out.
3. Mr. B. S. Salathia, learned senior counsel appearing for the petitioners has placed on record demarcation-spot inspection report which reads as under:-
"Demarcation/Spot Inspection Report. As directed by worthy Deputy Commissioner Samba vide No. DCS/HQA/19-20/684 dated 12.02.2020 and in compliance to Hon'ble High Court order dated 28.01.2020 in OWP No. 1222/2010 in case titled Partap Singh & ors v/s Union of India & ors, we the below mentioned officer/officials have conducted demarcation/Spot inspection of the petitioner's land & Ammunition depot situated at village Nandni & Daboh respectively.
As intimated by REP of Army the Ammunition lying in area II has been shifted to area 1 and area III which is at a distance of more than 900 mts. from the land of petitioners. During spot inspection/demarcation it has been found that after shifting the Ammunition from Area II to areaI and III the distane of Ammunition deport from the petitioners land is more than 900 mts.
Sd/- Sd/- Sd/-
Rep. of Army Rep. of Station HQ Rep of Revenue
Maj/Capt Col Tehsildar
Adm Officer SO (Land) Samba"
22 Ammunition Coy Sta HQ Samba
For Officer Commanding
4. Mr. Vishal Sharma, learned ASGI appearing for the respondent Nos. 2 and 3 submitted that in view of the aforesaid demarcation report, once 3 OWP No. 1222/2010 it has been found that the land of petitioner falls beyond 900 mts. of the Ammunition depot, there would be no restriction to utilize the same in accordance with law.
5. The present writ petition is disposed of, accordingly.
(RAJESH BINDAL) JUDGE Jammu 13.03.2020 Bir Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No. BIR BAHADUR SINGH 2020.03.19 10:40 I agree to specified portions of this document