Judgment

Ali Mohammad Magrey, J.-In OWP No.1294/2017, the Petitioner has sought the indulgence of this Court in granting him the following relief(s):

“(a) By issuance of writ of Mandamus, respondents 5 and 7 be directed to immediately receive cost of the land measuring 6 Marlas and 15 sft, which has been regularized in favour of the petitioner vide letter No. Rev(NDK)/75/40 dated 12-6-1978 on the basis of the rate for regularization fixed at that time @ Rs. 35904/- per kanal, what proportionately comes to be paid by the petitioner for 6 Marlas and 15 sft;

(b) By issuance of Writ of Mandamus, respondents 5 and 7 be directed to decide between themselves who is entitled to receive payment and accordingly issue demand notice in favour of the petitioner as cost of the regularized plot measuring 6 Marlas and 15 sft falling under Survey No. 836;

(c) By issuance of Writ of Certiorari, the assertions made by way of an excuse in compliance affidavit in Paras (a), (b), (c), (e) and (f) be set aside and quashed because same are unsustainable and having no legal or factual justification;

(d) By issuance of writ of Mandamus, respondents be directed to formally regularize petitioner’s land measuring 7 Marlas and 257 sft, in same survey No. 836 on same analogy and terms and conditions which they have applied while regularizing other identical cases in the Gogjibagh, Srinagar area as has been illustrated hereinabove;

(e) Also any other appropriate writ, order or direction/ relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may be passed in favour of the petitioner against the respondents with costs.”

2. In the aforesaid Writ petition, in terms of order dated 14th of December, 2018, the Court, after hearing the learned counsel for the parties, passed an interim order thereby directing the Respondents 5 and 7 to accept the proportionate cost of the land as fixed in terms of Government Order No. Rev (NDK) 37 of 1981 dated 7th of February, 1981, without any further delay. As the aforesaid order of the Court was not implemented by the Respondents 7 and 8, the Petitioner filed Contempt Petition, being CPOWP No. 06/2019, for seeking implementation of the same. Thereafter, the Respondents, feeling aggrieved of the aforesaid order dated 14th of December, 2018, assailed the same in appeal bearing LPA No.194/2019. It is, thus clear that all the three proceedings, viz. Writ Petition (OWP No.1294/2017); Contempt Petition (CPOWP No.06/2019); and Appeal (LPA No.194/2019), arise out of one and the same subject matter, as such, same stand clubbed and were, accordingly, heard together for their decision, with agreement of the respective counsel for the parties.

3. Before appreciating the arguments put forth by the counsel for the parties, we deem it appropriate to briefly refer to certain background facts leading to the controversy involved in this litigation, hereunder.

4. The case of the Petitioner is that he, almost 50 years ago, migrated from Anantnag to Srinagar in connection with his livelihood and started residing on a piece of waste land, which land belonged to the State, measuring 06 Marlas and 15 sfts comprised under Survey No. 836 Min situated in estate Narsingh Garh, Gogjibagh, Srinagar. The said parcel of land, which belonged to the Nazool Department, is stated to have been in worst condition in the form of a ditch, upon which considerable amount was spent by the Petitioner on earth filling and other things, so that the same becomes habitable. After spending huge amount, the Petitioner is stated to have constructed a house to reside there along with his family. In the year 1973, Cabinet Decision No. 38 dated 28th of January, 1973 was taken by the Government, pursuant to which Government Order No. Rev (NDJ) 461 of 1973 dated 28th of January, 1973 was issued and a scheme/policy was framed for transferring proprietary rights over encroached Nazool lands in favour of the occupants in Jammu and Srinagar,