The judgment establishes the principle that for a claim of ownership rights under the J&K State Lands Act, the petitioner must demonstrate actual physical possession at the commencement of the Act and that the Act does not apply to certain types of land.

1. With the consent of learned counsel for the parties, the instant petition is taken-up for final consideration.

2. In the instant writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K State, the petitioners, inter alia, seek the following reliefs;

(a) writ of mandamus commanding the respondent Nos.2 to 4 to process the cases of the petitioners and complete the same for conferment of ownership rights under the J&K State Lands (Vesting of Ownership Rights to the Occupants) Act of 2001 read with amended Act No.XIV of 2004.

(b) Writ of prohibition prohibiting the respondent Nos.3 to 5 from forcibly dispossessing the petitioners from the land comprising Khasra Nos.425 and 426 situated at Pargalta Sarah, Tehsil and District Samba; and

(c) Writ of certiorari quashing order if any passed by the respondent No.3 transferring the land to the respondent No.5 for construction of garbage pits/dumping ground on any portion of the land comprising Kh.No.425 and 426 situated at Pargalta, Tehsil and District Samba.

3. In this petition, it has been stated that the land comprising Khasra Nos. 425 and 426 situated at Pargalta sarah, Tehsil and district Samba though owned by the respondent No.1 is in physical, cultivating possession of the petitioners. The petitioners have constructed their houses and are also cultivating the land prior to 1970. However, the petitioner No.6 acquired the possession from his father Noor Hassan. Prior to Nek Mohd., his father Noor Hassan was in possession of the land and now the petitioner, Roshan Din is cultivating the same that too for the last more than 15 years. All the petitioners are in physical possession of the land, petitioner No.1 is in possession of 50 kanals, petitioner No. 2 is in possession of 40 kanals, petitioner No.3 is in possession of 50 kanals, petitioner Nos. 4&5 are in possession of 8 kanal, petitioner No. 6 is in possession of 32 kanals of land out of khasra Nos.425 and 426, situated at Pargalta, Tehsil and District Samba without interference from anybody. It is further stated that the Government of J&K passed an enactment in the year 2001, i.e., State Land (Vesting of Ownership Rights to the Occupants) Act of 2001(hereinafter referred to as ‘the Act 2001’). However that Act came to be amended by amendment Act No.XIV of 2004. The petitioners are entitled to the conferment of ownership rights under the Act 2001, now amended vide Act No.XIV of 2004. The petitioners have submitted their applications to respondent No.4 i.e., Tehsildar, Jammu along with revenue record and relevant documents as required under the rules, who forwarded the same after completing all the formalities to the Deputy Commissioner, Jammu-respondent No.3, for assessment of compensation. One of the petitioners even received a notice from the Tehsildar Samba vide No.612/R/C.A dated 19.12.2006, whereby a notice was issued by the Tehsildar Samba to petitioner No.1 informing him to attend the office on 31.12.2006 in person or through counsel along with Chowkidar. It is further contended that respondent No.5 wants to construct garbage pits/dumping ground for dumping of garbage/rubbish of Jammu city in that place. On coming to know about this action of the respondents, some of the petitioners moved an application addressed to the Hon’ble Chief Minister, who sent that applications to the revenue minister. The revenue minister obtained reports from the Tehsildar as well as from the Naib Tehsildar, however, the grievance of the petitioners have not been redressed by the authorities and the petitioners are being deprived of their possession at the instance of respondent No.3. The respondent No.3 has proposed Khasra Nos.425 and 426 for construction of garbage pits/dumping ground and the respondent No.5 has also accepted the said proposal. The construction of garbage pits/dumping ground for storage of garbage will become great nuisance. The petitioners have also their house