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2024 Supreme(J&K) 392
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, J.
Sheelo Devi W/O late Sh. Chuni Lal – Appellant
Versus
The State of Jammu and Kashmir
OWP No. 873 of 2008
Decided on : 18-10-2024
Advocate Appeared:
For the Appellant :Mr. H. C. Jalmeria, Advocate
For the Respondent:Mr. S. S. Nanda, Sr. AAG. Ms. Priyanka Bhat, Advocate vice Ms. Monika Kohli, Sr. AAG.
Land cannot be transferred without legal procedures; absence of a registered donation invalidates claims of unauthorized occupation.
Headnote:
(A) Land Acquisition Act - Sections not specified - Land ownership dispute - Petitioner claimed ownership of land measuring 14 Kanal 5 Marlas, but respondents asserted it was donated for public use - Court found no registered instrument for donation and ruled that land was utilized without due process. (Paras 3, 9, 10)
(B) Public Purpose - The court emphasized that no immovable property can be transferred without following legal mandates, and voluntary donation must be substantiated by proper documentation. (Paras 6, 9)
Facts of the case:
The petitioner alleged unauthorized occupation of her land by the Rural Development Department for constructing a bungalow, claiming no compensation was paid for the land taken.
Findings of Court:
The court directed the respondents to initiate the acquisition process for the land occupied without legal authority and ensure compensation is paid within six months.
Issues: The main issues were whether the petitioner voluntarily donated the land and the legality of the respondents' occupation of the land.
Ratio Decidendi: The court ruled that the absence of a registered instrument for donation invalidated the respondents' claim, and the land was occupied without following legal procedures.
Result: Petition disposed of with directions for land acquisition.
JUDGMENT :
1. With the consent of learned counsel for the parties, the instant petition is taken up for final disposal.
2. The petitioner claims to be the owner of land measuring 14 Kanal 5 Marlas comprising survey No. 951 situated at village Bhaga of Tehsil and District Reasi.
3. It is stated by the petitioner that initially there was proposal to construct a road and the petitioner was told that 8 Marlas of her land would be consumed for the purpose of constructing road, but the Rural Development Department, Reasi constructed 1 Bungalow over the piece of land of the petitioner despite her resistance. It has been further stated that in the month of March 2008, the respondent No. 3 started fencing the land comprising 14 Kanals and 5 Marlas and upon her resistance, she was told that entry in girdawari in respect of her land has been changed. The petitioner being aggrieved of the change in the revenue entries has approached approached this Court for rectification of the entries made at back of the petitioner.
4. The respondents have filed the response, stating therein that under Rural Development Department Scheme, there was one project, to develop Village Sarla Bhaga as a model village, for which land was required for raising different structures. A resolution was adopted by the Gram Sabha and in the resolution it was resolved that the land required for execution of works in the Panchayat will be donated by the villagers free of cost and in pursuance of resolution, different persons/villagers voluntarily donated their lands which included the the petitioner as well. This is substantiated by one communication addressed by the respondent No. 3 to the respondent No. 2 wherein the petitioner figures at Serial No. 8 and has proposed to donate 7 Kanals of land. In nut-shell, the stand of the respondent No. 3 is that the petitioner on her own has donated 7 Kanals of land for the said project and this can be substantiated by the affidavit duly sworn by the petitioner. A perusal of the affidavit executed by the petitioner would reveal that the petitioner has stated therein that the Department can make use of the said land for development of the said village. Accordingly for the purpose of development of the village as a model village, 1 Bungalow was constructed in the public interest and this Bungalow is being utilised by the villagers for the purpose of celebrating different functions and that the said construction has been raised on the land donated by the petitioner. It is further stated that the hall was a community hall and was to be formally inaugurated, but because of the interim directions of status quo passed by the Hon’ble Court on 01.11.2008, formal inauguration function could not take place.
5. Pursuant to the direction issued by this Court, status report was filed by the respondent No. 2, wherein it is stated that the land measuring 14 Kanals and 5 Marlas comprising Khasra No. 951 of Village Sarla Bhaga was recorded in the ownership of Sukhdev Singh S/O Amar Nath and Sheelo Devi Wd/O Chuni Lal Gair Morosi under cultivation column in the Kharif 2007. During Kharif 2007, on the intimation of the Block Development Officer, Reasi vide letter No. BR-105- 06/1082-84 dated 08.02.2005, the then Naib Tehsildar Katra recorded 7 Kanals of land out of the above mentioned land in the name of Rural Development Block, Reasi. During Rabi 2017, the Girdawar Circle rectified girdawari for 05 Kanals of land in the name of the petitioner’s son Kamal Singh out of total 7 Kanals of land already recorded in the name of Rural Development Department and the remaining 2 Kanals of land was allowed to remain in the name of Rural Development Department. From spot inspection, it was found that 1 building has been constructed on the land measuring 1 Kanal and 12 Marlas and a pathway exists on 8 Marlas of land in survey No. 951. It is further stated that the petitioner is not the owner of the land.
6. Mr. H. C. Jalmeria, learned counsel for the petitioner has su
