1. State land measuring 2 kanals and 6 marlas covered by survey No. 1895 (1 kanal 6 marlas) and survey No. 1896 (1 kanal) situated at village Qasba Baghat Anantnag is bone of contention in between the parties.

2. According to petitioner the land is recorded as `Gair Mumkin Ada in the revenue records, vehicles are being plied to different routes from the said bus stand. The area is being continuously used as parking place and operational place known by the name Kukernag-Verinag bus stand, Achabal Ada Anantnag.

3. According to the appearing counsel for the respondent No.3 the land in question including other land and the structures standing thereon, basically is in possession of the respondents 2 and 3 i.e. Town area committee, however, same is being used as bus stand. Neither the petitioner nor the respondent No.4 can claim ownership rights.

4. According to the appearing counsel for the respondent No.4 the land in question alongwith other patches of land covered by survey No. 1895/1 (5 marlas), 3816/1896 (3 marlas) 1897 min (9 marlas) 2853/1893 min (15 marlas) and 2854/1893 min (16 marlas) has been under the use and occupation of Tonga drivers, who were running their Tongas to various destinations. Later on pursuant to policy decision of the Government Tonga drivers were provided route permits for plying buses, so the area came to be known ` Achabal Tonga Ada. Respondent No.4 in the capacity of the president of Tonga Drivers Association in the year 1989 got the land under survey Nos. 1895 (1 kanal 6 marlas) 1895/1 (5 marlas), 1896 (1 kanal), 3816/1896 (3 marlas), 1897 min (9 marlas) recorded in the possession of the Tonga Drivers Transport Union Ada through Mohamad Ashraf.

5. That the respondent No.4 again in the capacity of the President has moved an application before the Tehsildar with the prayer that the Tonga Drivers Union Ada Achabal be conferred ownership rights under Jammu & Kashmir State lands (Vesting of Ownership to the Occupants) Act 2001. After necessary inquiry the Tonga Drivers Association pursuant to the order under challenge bearing No. 233/R dated 22-10-2007 passed by the District Collector has been conferred the ownership rights viz-a-viz land measuring 2 kanals, 6 marlas covered by survey Nos. 1895 (1 kanal 6 marlas) and 1896 (1 kanal) subject to the deposit of Rs. 20,70,000/-, same is shown to have been deposited vide treasury voucher No. 63281 in treasury Anantnag.

6. The petitioner contends that the petitioner-Association is the occupant of the land in question, so are entitled to be conferred with ownership rights under the Jammu & Kashmir State Lands (Vesting of Ownership to the Occupants) Act, for short referred to as `the Act. By medium of this writ petition, petitioner-association has sought the quashment of the order No. 233/R dated 22-10-2007 and also issuance of command for being vested with ownership rights.

7. Thirdly, that respondents to ensure plying of buses by the petitioner from the said land without any interference.

8. With the consensus of the appearing counsel for the parties, matter stand taken up for final adjudication. Thoughtfully considered the submissions as made by the appearing counsel and considered the material available.

9. The Jammu & Kashmir State Lands (Vesting of Ownership to the Occupants) Act came into force in the year 2001. Later on was amended by the Amendment Act of 2004. In terms of the provisions of the Act ownership rights viz-a-viz State land were to be conferred to a person in actual occupation, subject to the fulfillment of conditions incorporated therein. In terms of Section 5 of the Act the occupant had to apply in the prescribed form to the Territorial Tehsildar, then the Tehsildar in terms of Section-6 was required to hold the inquiry and to make a report to the District Collector with recommendations.

10. As per Section 8 of the Act, the occupant claiming the benefit of ownership

i) must be the resident of State;

ii) must apply within a period of three months from t

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