HC directs State to remove encroachment of state land at Sidhra
20/07/2017
JAMMU, July 19: Justice MK Hanjura of J&K High Court Jammu Wing directed Deputy Commissioner Jammu and Ors to remove the encroachment on the state land forthwith, even if it shall mean the demolition of the structure raised over it, which is an illegal one. This significant judgment has been passed in a petition filed by Krishna Manhas seeking direction to respondents to demarcate the land measuring 17 kanals, 9 marls comprising Khasra No. 72, situated at Sidhra and attestation of mutation in her favour and in favour of the other legal heirs of Late Sh. Janak Singh, who, it is alleged, was an allottee of the said land.
Justice MK Hanjura after hearing both the sides observed that 3. During the course of the proceeding in the matter, this Court vide order dated 20.10.2016 granted four weeks' time to the Tehsildar, Jammu to file the status report, with a copy in advance to the learned counsel for the parties, with a further stipulation that in case he fails to do so, in that event, he will remain personally present before the Court. The status report has been filed by the Teshildar, Jammu in which it was submitted that the petitioner or be they the private respondents, all of them are only rank trespassers in the land, the khasra numbers of which have been given hereinbefore. It is not known why the State gives a loose rope to the persons, who illegally occupy the State land, as in the extract of Girdawari attached to the status report, the State is shown to be the owner of the survey numbers detailed above. The authorities responsible for the eviction of the trespassers from the state land give a go-bye to the procedure and the laws.
Justice MK Hanjura observed that parties to the petition being illegal occupants of the land in question and their possession being forbidden by law they cannot in any manner whatsoever be protected by the Court and dismissed the petition with the direction to respondents to remove the encroachment forthwith, even if it shall mean the demolition of the structure raised over it, which is an illegal one. JNF
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