Point of Law: Land dispute - Disputed questions of fact - Remedy available to the petitioner under the Land Revenue Act for seeking identification and demarcation of the land.

JUDGMENT :

SANJEEV KUMAR, J.

1. The petitioner claims to be owner in possession of land admeasuring 3 kanals and 4 marlas comprised in Khasra numbers, detail whereof is given in paragraph No. 3 of the petition, situated at Chowadi Teshil Bahu District Jammu. The petitioner claims that the aforesaid land was purchased by her in November, 2007 from different erstwhile owners by way of sale deeds duly executed and registered. The land also stands mutated in the name of the petitioner in the revenue record.

2. It is submitted that since the subject land is a prime land and, therefore, there had been several attempts by the State as well as private individuals to lay claim thereon. The Crime Branch of the State even registered an FIR bearing No. 06/2009 on the allegation that the petitioner had encroached upon the State land but upon investigation, the claim was not substantiated and a closure report was filed by the Crime Branch, which was accepted by the Court. It is submitted that on 24.08.2019, the Deputy Commissioner, Jammu along with a team of officers and police came on the land of the petitioner and forcibly and in total disregard of law not only demolished the boundary wall erected by the petitioner but also damaged the structure raised by the petitioner on her land.

3. It is the contention of the petitioner that not even an inch of the land in possession of the petitioner is State land and that the petitioner has fenced her land only after seeking demarcation from the revenue authorities in the year 2008. Despite the fact that the subject land is a proprietary land of the petitioner and the same is so reflected in the revenue record, the Deputy Commissioner, Jammu trespassed on her land claiming that it was a State land, which is intended to be allotted to some influential persons.

4. Faced with constant threat of eviction from respondent No. 4, the petitioner filed WP (C) No. 3187/2019 seeking inter-alia a direction to the respondents not to cause any interference or obstruction in the lawful and peaceful possession of the petitioner over the subject land. The petitioner also sought a direction to the respondents not to lay any claim over the land of the petitioner as State land etc.

5. This Court, it is submitted, vide its order dated 04.10.2019 directed the Deputy Commissioner, Jammu as also the Vice Chairman, Jammu Development Authority to furnish a report as to the nature of possession of the petitioner over the land, sought to be vacated. The Court also directed to maintain status quo with liberty to the respondents to proceed only after providing opportunity of being heard to the petitioner. It is complained by the petitioner that although the respondents were well aware about the directions passed by this Court on 04.10.2019, yet they did not adhere, which constrained the petitioner to file a contempt petition.

6. While the aforesaid writ petition and the contempt petition was pending adjudication, respondent No. 1 vide Government Order No. 53-JK (Rev) of 2020 dated 19.05.2020 accorded sanction to the grant of land on lease @ 8 marla each to 32 families of village Satwari and 6 marla each to 29 families of village Narwal Pain of Tehsil Jammu South District Jammu, who were affected due to airport expansion. It is the claim of the petitioner that this land, which has been allotted to 32 families of Satwari and 29 families of village Narwal Pain @ eight marla each and six marlas each respectively, is a proprietary land in possession of the petitioner.

7. Being confronted with the government order and with a view to thwart any attempt by the respondents to dispossess the petitioner from her proprietary land, the petitioner filed another petition i.e. WP (C) No. 1062/2020. In this petition the petitioner has lodged challenge to the impugned Government Order dated 19.06.2020 by virtue of which land measuring 32 kanals falling in Khasra No. 833 of village Sunjwan Teshil Bahu District Jammu has been identified for re-habilitation