Srinagar: The J&K High Court has directed authorities to remove all encroachment on Kahcharai (pasture) land “without any fear, favor or influence.”
A bench of Justice Ali Mohammad Magrey passed the directions while dismissing a plea challenging an order by executive magistrate (Tehsildar) regarding cutting down of trees on the Kahcharai land at Nadir Gund here.
In their plea, the petitioners had pleaded that authorities have acted in total disregard of the High Court directions by cutting down trees on the spot.
They had also sought directions to appoint a panel to probe as how the concerned Tehsildar ordered to cut down the trees on the land under (Khasra nos 358, 361 & 362) at Nadur gund.
“The court (had ordered) that the respondents to remove encroachments from the kahcharai land,” the bench said and directed the deputy commissioner Srinagar not to allow any construction on the kahcharai land and retrieve it for public purposes by following the mandate of supreme court of India’s judgment in Jaipal Singh and others versus state of Punjab and others.
The apex court has laid down that illegalities committed in nature of usurpation of common lands of the village communities cannot be regularized and the common interest of the villagers cannot be made to suffer merely because the unauthorized occupation has subsisted for many years.
It had directed the Chief Secretaries of all the States to formulate the Schemes for eviction of illegal and unauthorized occupants of Gram Sabha, Gram Panchayat, Shamilat Land for the common use of villagers.