SrinagarThe Jammu and Kashmir High Court has ordered action against unauthorized occupants of state land without discrimination.
As the hearing of a petition started before a division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey, counsel representing state submitted that action shall be taken against one and all without discrimination for removal of unauthorized and individual structures on Kacharai land (farm land).
We had made it clear that if any person is aggrieved by the action taken by the deputy commissioner or any officers subordinate to him in connection with the removal of unauthorized, illegal structures on the land. He may seek such remedy as may be available to him under law, the court underlined, adding, it also transpires that the petitioner has also erected unauthorized and illegal structure. Action may be taken against him in accordance with law, the court added.
The High court has already ordered removal of around 200 illegal residential structures at Barthana Parimpora in outskirts of Srinagar city.
The directions were issued after court perused an affidavit submitted by the Deputy Commissioner on 17 November last year that about 200 residential structures have come up on the state land without any authorization or legality.
The petition, filed by one Mushtaq Ahmad, was actually transferred to division bench of the court by a single bench owing to public interest in the matter.
The petitioner has alleged that four persons, Abdul Karim Khuroo, Bilal Ahmad Khuroo, Nazir Ahmad Aga and Mohammad Amin, all residents of Shah Colony Parimpora managed illegal construction on the state land classified as mehfooz Kacharie at estate Barthana Parimpora.
He said that innocent people are wooed to habitat on the land in question, which subtlety has resulted into formation of two number of illegal colonies Firdousabad and Mustafabad and comprises 350 families.
He submitted that the illegal process of grabbing state land by these persons has been since 1994 and all this happed under the very nose of municipal authorities as their failure to perform the statutory obligations under Land Revenue Act, Municipal laws and Ranbir Penal Code.
He submitted that silence observed by the state authorities on the matter spectacularly speaks volumes on nepotism and favouritism at the cost of ulterior motives and oblique considerations which goes contrary to the constitution of India.
The counsel representing the four persons submitted that even the petitioner was an encroacher and he too shall be removed from the land.
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