Examine whether Police Station Kulgam encroached upon water channel, HC asks Div Com after contradictory reports

Examine whether Police Station Kulgam encroached upon water channel, HC asks Div Com after contradictory reports

Srinagar: The J&K High Court asked Divisional Commissioner Kashmir to examine whether Police station Kulgam has encroached a water channel located at Qaimoh or not after contradictory submissions were made by government through a government counsel and Deputy Commissioner, Kulgam.
The report by Deputy Commissioner Kulgam stated that under Survey no.1637 of estate Qaimoh a land measuring 67 Kanals and 08 Marlas of land was recorded as a ‘Gair Mumkin Kohl’ (a water channel), out of which the land measuring 4 Kanals and 12 Marlas have been illegally taken by the Police department Kulgam.
It was stated in the affidavit that the SSP Kulgam was informed about the same by the letter dated 4 January 2018.
Though the report by Deputy Commissioner, Kulgam clearly mentions that police station has encroached the land but the Additional Advocate General (AAG), B A Dar submitted before court the Police Department Kulgam is not an encroacher but it is the land holders of village Mutalhama who have encroached upon the said land.
He further submitted that the Police Station, Kulgam, has been built on state land and there is no encroachment by the police authorities.
The court of Chief Justice Gita Mittal and Justice Puneet Gupta recorded that 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.
The court said, “In view of the dispute raised before the 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.”
In the meantime, the court will hear the matter again on 1 December.

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