HC asks Govt not to disturb position of land at Barbarshah

Petition claims administration acquired plot without verifying ownership

SRINAGAR: Jammu and Kashmir High Court has directed government not to ‘disturb’ the position of 10 marlas land at Barbarshah here, nearly a week after its taking over by the revenue officials in connection with the construction of marriage hall in the area.
Calling for response within four weeks to a petition filed by Ghulam Mohammad Rather and others, a single bench of Justice Mohammad Yaqoob Mir also directed government not to give effect to the hand-over memo dated 02-05-2017.
According to petitioners, the land measuring 2 kanals and 9 marlas, covered by survey 9 min, situated in the estate Maisuma , located in Barbarshah Srinagar, is recorded as ‘Abadideh’ in the revenue records from the date of last settlement.
The area was reserved for residential purpose for the residents of the locality, they said. “The land been for last more than hundred years in possession of the predecessors-in-interest of petitioner and has been in possession of the petitioners’ uninterruptedly, having acquired ownership over it,” they said.
On the basis of document executed on 11th Cuttack 1993 BK and subsequent entries made by concerned Patwari, the petitioners say that they have absolute right to hold and possess the land without any interference from 3rd party including the state government and its functionaries. “The Deputy Commissioner Srinagar without examining the records about ownership and possession of the land seems to have ordered that possession of the land to be taken over from the petitioner so that the same is handed over to the Housing Department,” they said.
“To the utter surprise of the petitioner and in violation of their fundamental and statutory rights, revenue officials with a huge contingent of police arrived on 2-5-2017 and in violation of law and rights of the petitioners, the trees were cut and brick fencing of the land was razed to the ground,” the petitioners said, adding that they protested but in vain. However, the petitioners said that they have been able to protect the possession.
They said that even though they made number of applications to the revenue authorities but in vain, prompting them to move high court. They sought directions to quash memo dated 2-5-2017 by Naib Tehsildar Kothibagh and Deputy General Manager Housing. It has been learnt that Housing department plans to construct a marriage hall and the land has been identified at the behest of some political workers associated with a particular party.