Jammu & Kashmir High Court
Jagdish Gir vs Union Territory Of J&K & Ors on 26 July, 2023
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 137
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1895/2023
CM No. 4397/2023
Jagdish Gir .... Petitioner/Appellant(s)
Through:- Mr. Sachin Gupta, Advocate
V/s
Union Territory of J&K & ors. .....Respondent(s)
Through:- Ms. Anu Charak, assisting counsel to
Mrs. Monika Kohli, Sr. AAG for
R1,4,5&6
Mr. Rajnish Raina, Advocate for R2&3
CORAM:HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
01. In the present petition, the petitioner herein is seeking a direction upon official respondent Nos.1 to 6, to take action against respondent No. 7, for illegal conversion of agriculture land. The petitioner is also seeking to restrain respondent No.7, from illegal plotting of the agriculture land measuring 09 Kanal 01 Marla falling under Khasra No. 167, Khewat No. 02, Khata No. 04 situated at village Sehora, Tehsil and District Jammu West. The petitioner is further seeking direction upon the official respondents to perform their statutory duty and implement Section 13 of Agrarian Reforms Act 1976, read with Rule 57 of Agrarian Reforms Rules, 1977 and to implement the provisions of Alienation of Lands Act, 1995.
02. It is stated that petitioner is a resident of Village Sehora, Jammu and is interested in the protection and maintenance of the agricultural property situated at village Sehora Tehsil and District Jammu. The 2 WP(C) No. 1895/2023 petitioner has adjoining land about 02 Kanals 19 Marla. The petitioner states that the agricultural land adjoining the area shall be preserved and no hindrance shall be caused in cultivating the land of the petitioner in any manner. It is further stated that adjoining the land of the petitioner, a chunk of land approx. measuring 181 Marlas has been acquired by respondent No. 07, by virtue of sale deeds.
03. It is stated that after acquiring the land, respondent No.7 had started illegal plotting of the land into small plots, measuring approximately 05 to 07 Marlas for raising the residential colony without seeking approval from the concerned authorities i.e., respondent Nos. 2 and 3. The illegal plotting as well as the proposal for raising the residential housing colony was seriously objected by the petitioner but respondent No.7, never paid any heed. It is further stated that the petitioner immediately visited the office of Tehsildar Jammu West and Vice Chairman, Jammu Development Authority representing before them that construction is being raised on the agriculture land to be used for commercial purposes, but no action has been taken by the respondents till date.
04. It is stated that under the J&K Land Revenue Act, 1996, no land can be used for any non- agricultural purpose except with the permission of District Collector. However, Section 113-A (2) of Land Revenue Act says that an owner or occupant who wished to convert his agriculture land to non-agriculture use as provided in the regional plan, developmental plan or master plan as the case may be, "shall do so it for payment of conversion charges as prescribed by the board from time to time. 3 WP(C) No. 1895/2023
05. Mr. Sachin Gupta, learned counsel for the petitioner, submits that the petitioner would feel satisfied if the writ petition is disposed of with direction to respondent Nos. 1 to 6 to take action against respondent No. 7, for illegal conversion of the agricultural land into commercial. To this, learned counsel for the respondents has no objection.
06. Be that as it may, the writ petition is disposed of with direction to respondent Nos. 1 to 6, to consider the claim of the petitioner against respondent No. 7, for illegal conversion of the agricultural land into commercial and also to restrain respondent No. 7, from illegally plotting of the agricultural land measuring 09 Kanal 01 Marla falling under Khasra No. 167, Khewat No. 02, Khata No. 04 situated at village Sehora, Tehsil and District Jammu West, if the same is not in accordance with law and rules applicable, within a period of four weeks from the date copy of this order is served upon the official respondents. The respondents are directed to provide an opportunity of being heard to the petitioner as well as to respondent No. 7, before passing a speaking order.
07. Till the claim of the petitioner is considered and speaking order is passed, the parties are directed to maintain status quo on spot.
(MOKSHA KHAJURIA KAZMI) Judge JAMMU RAM MURTI 26.07.2023 Whether the order is speaking : Yes Whether the order is reportable : No