Court Issues Notice To Govt, Also Seeks Advocate General’s Assistance To Decide Matter
Srinagar: A number of petitions have been filed before the High Court of J&K and Ladakh, challenging government’s circular by virtue of all Deputy Commissioners have been asked to ensure that all encroachments on State land including Roshni land and on Kachharie land are removed to the extent of 100% by January 31.
A Bench of Justice Wasim Sadiq Nargal issued notice to the Advocate General, the highest law officer for assisting the court as well as filing response, on behalf of the government, to the petitions which have called in question the circular (No. 02-JK(Rev) of 2023) dated 9 January 2023.
“Before proceedings further in the matter it would be apt to issue notice to the learned Advocate General to assist the Court in the matter,” the court said and issued notice to him for filling the response to the petitions within four weeks.
The court’s direction followed submissions by the counsel for the petitioners that circular is bereft of any legal sanction or authority as the action was sought to be initiated pursuant to the issuance of circular which would jeopardize the fundamental rights of the petitioners as enshrined in Article 21 of the Constitution of India without following the procedure as established by law.
While seeking quashment of the circular, the counsel submitted that the circular has been issued in the “most mechanical manner and without following procedure as prescribed under land Revenue Act with particular reference to its Section 133.
The counsel said that the circular, even otherwise, was also bad in the eyes of law as in wake of the annulment of the Roshni Act by the Division Bench of the Court on 9 October 2020.
The counsel submitted that due procedure as envisaged under law before taking the coercive action has not been followed in view of the mandate of the Division Bench’s judgment on 9 October 2020.
The counsel also submitted minimum required principles of natural justice have not been followed as the petitioners have not been given a right of hearing before coercive measures have been taken through the circular. The petitioners have not been issued any show cause notice, and, therefore, the action contemplated under the circular would be against the mandate of the law laid down by the Apex Court, the counsel said.
By virtue of the circular a direction has been issued to all the concerned Deputy Commissioners to ensure that all encroachments on State land including Roshniland and on Kachharie land are removed to the extent of 100% by 31st January 2023, in pursuant to the meeting held on 15 December 2022, under the chairmanship of Commissioner/Secretary to the Government Revenue Department.
Through the medium of the circular and with a view to effective monitoring of the anti-encroachment drive, the government has issued number of instructions and among others, the Deputy Commissioners have been asked draw up a daily anti-encroachment drive plan and also nominate Additional Deputy Commissioners as District Nodal Officers for coordination and effective implementation of the drive.
Besides, Deputy Commissioners have been asked to constitute teams of Revenue officers for removal of the encroachments and personally monitor the drive.
Also Divisional Commissioners have been asked to monitor drive while daily progress reports have been sought through respective Divisional Commissioners for which concerned Assistant Commissioner (Central) have been nominated as nodal officers.
The DCs have been also asked to submit the daily reports by 4 PM and Divisional Commissioners have been asked to furnish the compiled reports through Financial commissioner Revenue J & K by 5 PM daily to the Administrative department.