Srinagar: Jammu and Kashmir High court has directed Divisional Commissioner Kashmir to examine the matter regarding construction of a police station allegedly raised on an irrigation canal in Qoimoha area of the southern Kashmir’s district.
While Deputy Commissioner Kulgam attested that the land measuring four Kanals and 12 Marlas have been “illegally taken by the Police Department Kulgam,” the latter denied it, contesting that it was not an “encroacher.”
“It cannot be denied that the Police Station is absolutely imperative and essential to ensure that there is no law and order problem. However, it cannot be denied that all actions have to abide by the law,” a bench of Chief Justice Gita Mittal and Justice Puneet Gupta said and after perusal of a status reported by Deputy Commissioner Kulgam and hearing senior additional advocate general B A Dar for police.
“In view of the dispute raised before this Court and the respective contentions of the parties and the report of the Deputy Commissioner, Kulgam, let this issue be placed before the Divisional Commissioner, Kashmir, who shall examine the matter and submit a report before this Court before the next date of hearing,” the court said.
In the affidavit filed by the Deputy Commissioner, Kulgam, the Court was informed that demarcation of the land has been conducted and a report forwarded by the Tehsildar Qaimoh had revealed that Survey estate Qaimoh measured 67 Kanals and 08 Marlas of land recorded as a ‘Gair Mumkin Kohl’ (a water channel), out of which the land measuring 04 Kanals and 12 Marlas have been illegally taken by the Police Department Kulgam. It is stated that the SSP Kulgam was informed about the same by the letter dated 4 January 2018.
B. A. Dar, Sr. AAG, submitted that the Police Department Kulgam was not an encroacher but it is the “petitioners (Land Holders of Village Mutalhama) who have encroached upon the land. He further submitted that the Police Station has been built on a State land and there is not encroachment by the police authorities. (GNS)
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