New Delhi: The Supreme Court on Tuesday “dismissed as withdrawn” at least two applications filed against Jammu and Kashmir government circular whereby all deputy commissioners have been directed to remove encroachments on state land including Roshni Land and Kachharie land by January 31.
A bench of Justice M R Shah and Justice BV Nagarathna expressed its disinclination in staying the circular and ultimately allowed the petitioner to withdraw the plea.
“Counsel appearing for the petitioners seeks permission to withdraw the present Application. (Same) stands dismissed as withdrawn,” the court said. Similar order was passed in second application by the court.
The bench orally observed that if the Court were to grant relief to those continuing to occupy the land, it could have “larger repercussions”.
“If we protect your possession, it will affect the entire J&K encroachment! At the most we can grant you reasonable time to relocate,” the bench said.
The petitioner eventually sought to withdraw the petition and was allowed to do so by the Court.
On last date of the hearing, the top court made an oral observation, asking the government not to demolish any house.
By virtue of the circular a direction was issued to all the concerned Deputy Commissioners on January 9 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.

KR Desk