The court emphasized the importance of fair compensation and remedial measures in cases of fraudulent land acquisition and conversion.

R. Sudhakar, J.

1. Heard learned counsel for the parties. The writ petitioners-15 in number, R/O. Village Thune, Tehsil Kangan, District Ganderbal, have filed this writ petition seeking several reliefs, most of which are sought in the nature of Mandamus, which may be noticed as under:

"Mandamus commanding thereby the official respondents not to carry on with the construction on spot till final disposal of the case titled above.

Mandamus commanding thereby official respondents to state the reason and logic as to how the Kahcharai land stands converted into proprietary land in the name of private respondents and other individuals of the area with whom the official respondents are in league to get the funds of the state exchequer utilized for their personal benefits.

Mandamus commanding thereby official respondents not to release any more amount in favour of the other persons including the private respondents till the matter is not finally adjudicated either way by this Hon'ble Court.

Mandamus commanding thereby official respondents as to how they have released 80% of amount in favour of private respondents as compensation regarding the land record as Kahcharai and converted as proprietary land in the name of private respondents and other inhabitants of the said area.

Mandamus commanding thereby to any Judicial Authority to investigate and enquire as to how the Kahcharai land stands converted as proprietary land in the name of private respondents at the hands of official respondents by releasing huge amount in favour of private respondents by showing them owners of the land by effecting mutations in their name in the revenue extracts as if they were the owners of land which is recorded as Kahcharai land as per narration of Annexure A supra."

2. The respondents 1 to 13 are official respondents and respondents 14 to 16 are private respondents. Respondent No. 11 is Collector, Land Acquisition, Revenue Ganderbal.

3. According to the petitioners, in order to establish a road between two villages under the Prime Ministers Gram Sadak Yojana (PMGSY), the Collector proceeded to acquire certain land. The land was identified and according to the respondent -- State, the same was acquired and compensation paid to the private respondents.

4. The controversy in this case, as pleaded by the villagers-petitioners, is that a piece of land, on which the road is to be laid, is a Kahcharai land, owned and possessed by the State as per revenue records of the year 1984 Bikrami. The official respondents, in connivance with the private respondents, have treated the said Kahcharai land as proprietary land of the private respondents and have even given them compensation as if they are the owners of the land. This land is grazing land of the village.

5. The petitioners submitted an application before the Deputy Commissioner (DC), Ganderbal, on 06th January, 2011 expressing their resentment that the land, which belongs to the State, has been converted into proprietary land to benefit the private respondents. This, according to the petitioners, is a fraud on the State by manipulation of records by the officials of Revenue Department in connivance with the private respondents.

6. The complaint appears to have reached the officials. However, it appears that some action has been taken by the authorities. They have identified Kahcharai land as well as the land owned by the private respondents. The details are given in paragraphs 8 to 13 of the Reply which may be noticed:

".......8. In the meanwhile some inhabitants of village Thune preferred application/ representation before the Divisional Commissioner, Kashmir, which was referred to Deputy Commissioner, Ganderbal, vide No. Div.Com/PS.116/Misc, dated 10-01-2011 in the said representation certain allegations were leveled by the inhabitants, that one Bashir Khan in league with revenue officials managed to get excess payment of compensation in respect of Shamilat section 5. One more communication was received from D