Encroachers on State land are not entitled to notice before demolition, emphasizing the need for maintaining public land integrity.

JUDGMENT :

1. Petitioner through the medium of this petition, sought following reliefs:-

(i) Issuance of an appropriate writ, direction or order of the nature of Certiorari to quash order No. ISD/412- 15 dated: 28.1.2021 issued by respondent no.2 and 3 directing petitioner to remove the illegal encroachment alleged with respect to land measuring 80' X 15' comprising S.No.349 situated at village Machlian invoking powers under Section (2) of Section 157 of J&K Water Resources (Regulation 86 Management) Act 2010 being arbitrary discriminatory, without any enquiry, without any notice of show cause or opportunity of being heard in violation of principles of natural justice and fair play, against the revenue record and m contravention of provisions of J86 Water Resources (Regulation 86 Management) Act 2010 and rules made thereunder and in violation of Article 14, 19, 300-A & 21 of the Constitution.

(ii) Issuance of an appropriate writ, direction, or order of the nature of prohibition restraining the respondents from demolishing, damaging or causing any obstruction in the exercise of statutory rights of ownership and possession being exercised with respect to residential house constructed on land comprising survey no. 433 measuring IK-19 Marlas situated at village Machliam, Tehsil and District, Jammu.

(iii) Issuance of an appropriate writ, direction or order which is just and proper in the facts and circumstances of the case to grant relief to the petitioner.

2. It is the specific case of the petitioner that the order of demolition dated 28.01.2021 passed by the respondent No. 3, i.e., Assistant Executive Engineer, Irrigation Department, Sub-Division, Domana Jammu, which is impugned in the instant petition, is arbitrary and discriminatory, as the same has been issued without conducting any inquiry or giving any opportunity of being heard to her. Before passing the said order, the petitioner has been condemned unheard and according to learned counsel for the petitioner, the petitioner has been deprived of her ownership and possessory rights, which is violative of Article 300-A of the Constitution of India.

3. Learned counsel for the petitioner submits that the impugned order has been passed by the respondent No. 3 on the report of Ziladar Muthi and as per the directions of the higher authorities and the same has caused irreparable loss to the residential house of the petitioner and in case, the said demolition is carried on, it will cause great grave prejudice to the petitioner, which could not be compensated by any means whatsoever.

4. Lastly, Mr. Sharma, learned counsel for the petitioner submits that an opportunity should be granted to challenge the demarcation report. He contends that the report was conducted ex-parte, thereby depriving the petitioner of an opportunity to be heard in the process.

5. Per contra, reply has been filed on behalf of the respondents, in which they have taken a preliminary objection that the petitioner has not come to this Court with clean hands and has suppressed material facts and has also tried to mislead this Court by sheer misrepresentation of facts, as such, the present petition is liable to be dismissed being devoid of any merit.

6. The respondents have further pleaded in the reply affidavit that the Hon’ble Division Bench of this Court in PIL No. 02/2014 titled “Molvi Peer Ul- Haq vs. Chief Engineer & Ors.” has issued a categorical direction that such encroachments are one of the basic factor contributing to the devastating floods of September, 2014 in the valley of Kashmir and the respondents have been entrusted with a task of restoring the original width of irrigation land and for removal of all encroachments without any compromise or laxity so as to ensure the effective implementation of the J&K Water Resources (Regulation & Management Act 2010.

7. It is specific stand of the respondents that the petitioner has illegally occupied a portion of the irrigation land and for removal of the said encroachment,