Gole Gujral land issue: Whose land is it any way; JDA or Claimants? Part II

JDA trespassing into private lands of claimants, finds demarcation report of Regional Director Survey & Land Records

31/10/2014

JAMMU: In a follow up to the story published by JOURNEY LINE in it issue dated 30th Oct. 2014 where in it was reported that the Revenue Court of Deputy Commissioner Jammu has held in favour of residents/claimants of the area and against the JDA with regard to the Gole Gujral lands where the JDA is trying to create a colony and is trespassing and forcibly taking possession over the lands of private people and claimants living there from last many years.
Sources informed that the said Order of the Deputy Commissioner Jammu was challenged by the JDA before the High Court of J&K which has stayed the proceedings in the matter, though the JDA officers have chosen not to respond to the news by now.
Sources also informed that in order to settle the issue in proper perspective a joint committee was formed to demarcate the entire chunk of land situated at Khasra no. 746 Gole Gujral using the ETS method.
A committee under The Regional Director Survey & Land Records submitted demarcation report of Khasra No. 746 of village Gole to the Divisional Commissioner, Jammu vide No. RDS&LR/Estt/J/187-88 dated 20-6-2014. Few of the other members comprised of Tehsildar Jammu Development Authority, and another officer of the JDA, Tehsildar Settlement Jammu, Naib Tehsildar Settlement Gole Tehsil Jammu and Patwari Halqa Gole I have prepared a map of the entire chunk of land at Khasra No, 746 situated at village Gole, Tehsil & District Jammu which is about 2235 kanals in total.
After making this herculean exercise by the revenue and the JDA officers using the ETS, various lands / plots were allocated numbers and these numbers were further detailed as per serial no. and measurements and possession.
Out of this huge chunk of land and the map prepared by the committee the Revenue Officers comprising of the Patwari, the Girdawar Quanin (GQ) an the Naib Tehsildar have prepared a list indicating the possessions and the serial no. and the measurements in kanals.
At serials no. 37, 51, 206, 221 , 222 the endorsements are on the name of JDA as per the Revenue records, copy of which is available with JOURNEY LINE. Besides these the other land portions allotted serial no. s are in possession of other private people, offices, ashram, institutes, or revenue department or any other department (but not the JDA)
At s. no. 206 the JDA had land comprising of 823.13 kanals, at 221, it has 29.7 kanals, at 222 it has 9.9 kanals, at 37 JDA has about 1 kanal, at s. no. 51 JDA about 9 kanals, as per revenue documents.
The official record states that the JDA was allotted lands in Jammu at the time of its creation. It may be reported that vide Government order No. NDJ (Rev.) 46 of 1973 dated 28 January 1973, all vacant and lease free Nazool lands situated in and around the cities of Jammu and Srinagar had been transferred to the respective Development Authorities and in this way land measuring 333 Kanal 13 Marla has been transferred and recorded in the name of the Jammu Development Authority out of Khasra No, 746 situated at village Gole, Tehsil & District Jammu.
Further, in terms of Sub Section 3(i) of Section 4 of the J&K State Land (Vesting of Ownership to Occupants) Act 2001 vacant state land in the territorial limits of Municipal Corporation was also transferred to the respective Development Authorities & accordingly land measuring 451 Kanal 4 Marla bearing survey no. 746 situated at village Gole was also transferred and recorded in the name of the Jammu Development Authority.
This totaling to about 784 kanals of land in Khasra no. 746 Min Village Gole Gujral Jammu.
But as on date as per the recent demarcation report in 2014 and these maps prepared the JDA is in possession of excess of land that it was allotted, and further more the lands of the private people - residents of the area, and nomads is being snatched away by the JDA without any legal right or entitlement. Therefore the Revenue Court has passed judgment against it.
Not only this Judgment but the report of Settlement Officer in 2009 and other reports have indicated that the JDA has trespassed into the lands of the locals residents and claimants and tried to usurp their lands whileas the Revenue agencies have demarcated the said entire chunk clearly and diligently.
The JDA's attempt to dispossess the proper residents and claimants on the name of an eviction drive is illegal and itself an attempt to trespass and usurp the land till the JDA proves its legal title or gets the lands demarcated to include the lands in its portion but here in the present case the lands as per the residents falls out of the so called lands of the JDA still the JDA has encroached upon their lands and is dispossessing the people of the area.
Some persons against the JDA action had approached the Divisional Commissioner Jammu with the plea that they are in possession of private land duly Purchased by them through registered & valid sale deeds but they have been evicted or being evicted by Jammu Development Authority un-lawfully without any notice and justification.
The Divisional Commissioner Jammu vide his Order No.70/PS/Misc/2014/231-32 dated 15-05-2014 directed the Regional Director Survey and Land Records Jammu to demarcate the land and deal with the claims and representations made by the possessors. Simultaneously, another order has been issued by the Deputy Commissioner Jammu vide No. DCJ/SQ/Dem-Gole/2014-15/443-50 dated 20-5-20014 where under a Committee headed by Regional Director, Survey & Land Records Jammu has been constituted to look into each and every claim on case to case basis and to get the Khasra No. 746 demarcated by use of ETS in association of representatives RTI and JDA. Later, 8 nos. of representations received from various persons claiming ownership in the said Khasra No. 746 was also forwarded to the Regional Director Survey & Land Records vide this office Order No. DCJ/SQ/Gole/2014-15/456-58 dated 20-5-2014.
The Regional Director Survey & Land Records submitted demarcation report of Khasra No. 746 of village Gole to the Divisional Commissioner, Jammu vide No. RDS&LR/Estt/J/187-88 dated 20-6-2014.
This demarcation report clearly indicates that the JDA has committed an illegality in trying to include these lands of the private people into the lands of the JDA.
It is pertinent to mention that subject land has been earlier demarcated twice. Firstly, the demarcation has been conducted by the Commission headed by Settlement Officer, Jammu who has submitted his report to the Divisional. Commissioner Jammu vide his No. SOJ/R/08/1767 dated 02-02-2009. In the said report Jammu Development Authority has been shown in possession of 1106 Kanal of land against recorded entry of 784 Kanal 11 Marla in revenue record which shows that the Jammu Development Authority is in possession of excess land than the what has been recorded in revenue records. In addition to this Harpinder Pal Singh (mentioned above at Para 10.1.2) who has sold land to some of the claimants has also been shown in possession of 05 Kanal and 02 Marla of land.
Another demarcation has been conducted by the Additional Commissioner Jammu who has submitted his report to the Divisional Commissioner Jammu dated 06-02-2010. Perusal of the said report reveals that the Jammu Development Authority is in possession of 1061 Kanal 09 Marla. In the said report & also on the map which is part of the demarcation report, Harpinder Singh S/o Manmohan Singh has been shown in possession of 5 Kanal 1 Marla. Possession has been depicted in the map on the boundary of the village Gole in the west towards village Nandini.
In the latest demarcation report submitted by the Regional Director Survey & Land Records Jammu dated 20-06-2014 to the Divisional Commissioner Jammu shows Jammu Development Authority is in possession of land measuring 941 Kanal 17 Marla (including land allotted by the Jammu Development Authority to various organizations) which is also more than the recorded entry of Jammu Development Authority. Further occupants of land on 298 Kanal 3 Marla have been shown as unknown. Further the area where the impugned land of claimants is situated has also been plotted on the map, but ownership has been marked as unknown. Marking these pieces of land by the Regional Director Survey & Land Records as unknown is not understandable as these claimants were sitting on the spot by way of construction of their houses and shops which has been demolished by the Jammu Development Authority and also their claims were sent to the Regional Director for examination & decision.
The Regional Director also did not completely reject the claims of the above mentioned persons, but failed to locate their land on the ground on the basis of claims of Jammu Development Authority. But it is important to note that not only Jammu Development Authority is in possession of more than the allotted land to it, but also there is 298 Kanal 03 marlas of unclaimed land existing for title verification. The possession of the claimant on the ground is as per the land purchased by them and not in excess, hence it should be considered as rightful possession over the land and they must be allowed to continue enjoying the possession of land " as is, where is " basis prior to eviction drive.
On one side the Revenue Court has held after factual examination of the entire case that the JDA is conducting a wrong eviction process in Gole Gujral area especially of the claimants and the other side the JDA is hell bent to create a third party interest over these lands by allotting the same to the residents of J&K by way of auction and bids. In this way the dispute will be between these people who are in possession till date and between those who will be allotted these plots in this area and then the heard earned money of the people will be wasted in litigations for years together.
The JDA losing its case in the Revenue Court and hoodwinking the people of J&K is not a good sign of being a statutory body of the Govt of J&K.

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