Srinagar, April 25: The High Court of Jammu & Kashmir and Ladakh Tuesday prohibited the exchange of proprietary land for encroached kahcharai land.
The court of Justice Sanjay Dhar ruled that the exchange of proprietary land for encroached kahcharai land is not permissible now and the Deputy Commissioner concerned has no power to accept any such offer.
The court noted that provisions contained in Section 133(2) of the Land Revenue Act have undergone change and the claim of the petitioner for grant of sanction to exchange proprietary land in lieu of kahcharai land is no longer permissible under law.
The court passed the ruling in a plea seeking to exchange the proprietary land measuring 08 marlas situated at village Khawajagund Tehsil Khag in lieu of khacharai land measuring 08 marlas situated in the same area
The petitioner submitted that he is a poor person earning Rs.300 per day and has seven major daughters to support.
The counsel for the petitioner contended that the J&K government has come up with a policy for protecting the rights of small land holders who are in possession of kahcharai land and, as such, the possession of the petitioner over the land in question is required to be protected.
Justice Dhar pointed out that no such policy has been brought on record by the petitioner nor the particulars of any such policy have even been mentioned by him.
The bench underscored that even if there is any such policy for protecting the rights of small landholders who are in possession of kahcharai land, it shall be open to the respondents to deal with the case of the petitioner in accordance with such policy “but the petitioner cannot seek direction upon the respondents to grant sanction for exchange of his proprietary land in lieu of kahcharai land as the same is not permissible in law.”
“In the absence of any legal basis or statutory framework for considering the offer of the petitioner, it would not be open to this Court to issue a Writ of Mandamus against the respondents to accept the offer of the petitioner” , the court said.
