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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A.CHOWDHARY
Ghulam Nabi Bhat – Appellant
Versus
Union of India through Secretary Defence – Respondent
JUDGMENT
M. A. CHOWDHARY, JUDGE
01. The Petitioners, through the medium of the present Petition filed under Article 226 of the Constitution of India, have challenged Order dated 8th of August, 2022 issued by the Estates Officer, Cantonment Board under sub-section (2) of Section (5A) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 [for short “the Act of 1971”]. Besides, the Petitioners seek a direction in the name of the Respondents, thereby directing them to desist from invoking the Act of 1971 in order to dispossess the Petitioners from their proprietary land in future and not to remove the existing structures of the Petitioners raised on the proprietary land falling under Survey No. 176/165 situate at Mozai Bonamsar, Sonawar, Srinagar.
02. The Petitioners claim to be in continued possession of land falling under Khasra No. 176/165 situate at Bonamsar, Sonawar, Srinagar, prior to the year 1950. It is pleaded that in the year 2003, the Respondent- Cantonment Board started causing interference in the peaceful possession of the land of the Petitioners measuring 06 Marlas and 06 Sirsai located at Bonamsar, Sonawar, Srinagar, which constrained the Petitioners to move
Summary eviction under Public Premises Act, 1971 inapplicable to bona fide title disputes; must be resolved in civil courts. GLR entries lack presumptive value without notice and hearing.
Summary eviction proceedings cannot proceed when there is a bona fide dispute regarding property title; such disputes must be resolved in a competent Civil Court.
The court held that lease conditions must be adhered to, and the Government has the authority to resume land for violations, reaffirming the classification of B-2 land under its management.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
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