Srinagar, April 04: The High Court of Jammu & Kashmir and Ladakh has directed the government to maintain status quo on its eviction drive in the villages of district Budgam, after the inhabitants of Budgam district filed a plea seeking prohibition orders on the drive.
The court of Justice Sindhu Sharma issued notice to the government authorities and directed them to file response to the plea within four weeks.
“In the meanwhile, subject to objections and till next date, in case the eviction proceedings are initiated, the respondents shall not proceed with eviction without affording an opportunity of being heard to the petitioner, and till the petitioner is heard, status quo as on date be maintained,” the court ordered.
The court was hearing a plea filed by the inhabitants of Garind Khurd of district Budgam through its Chairman Mohammad Ramzan Mir seeking direction to government authorities not to make any kind of eviction or construction on the land of inhabitants comprising of more than 51 Kanals situated at estate Kakan Maran, district Budgam by resorting to illegal and forcible eviction without following the due process of law.
The plea stated that the land which is in their possession for more than 100 years has been purchased by their forefathers and some of the land has been mutated under Section 4 and 8 of Agrarian Reforms Act in favour of their forefathers.
It was submitted that public functionaries from Revenue department have invaded the land under their cultivation and in possession of the petitioners without any intimation or serving any notice or any kind of prior information.
It was alleged in the plea that administration is using “brute force” on spot in order to dispossess the petitioners from the suit property without following due course of law and without giving them any notice or compensation to the petitioners.
“The respondents are also hell bent upon to evict the petitioners from the said land by the dint of muscle power thus there is every likelihood of breach of peace and tranquility on spot as such this important aspect of the case needs paramount consideration in order to protect the petitioners,” it said.
The counsel Bilal Ahmad Khan representing the petitioners submitted that the land in question is the main source of their shelter and is the income to the inhabitants by which they are earning their livelihood for their respective families.
The counsel contended that the eviction drive on part of the respondents is against the mandate of law and said eviction would be fatal to the rights of the inhabitants viz right to live and right to livelihood are the basic fundamental rights of every citizen of the country which cannot be taken up without following due course of law and compensation to the inhabitants in lieu of any kind of acquisition if required so.
He submitted that respondents are still in preparations of making construction over the said land at the cost of thousands of lives and the grievances of the petitioners have not been considered or settled despite various representations made by the inhabitants.
In light of the submissions, the petitioners sought direction to the respondents to process the case for land compensation in terms of provisions of Land Acquisition Act, Land Revenue Act.
They have also sought to extend the benefit of government order issued on March 18, 2005 by adopting the same analogy as they have adopted by regularizing 13 unauthorized colonies in Jammu City as petitioners also form a class with them, as such respondents be directed to pass same and similar order of regularization for Estate Kakan Maran and district Budgam.
Apart from that the petitioners have also sought to assign the said land to the petitioners as envisaged under Section 6 of the Jammu & Kashmir Commons Lands (Regulation Act, 1956) to the extent of their possession and to reflect all assignees/allottees as owners.
