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HIGH COURT OF JAMMU AND KASHMIR
GHULAM NABI BHAT AND ORS. – Appellant
Versus
UNION OF INDIA AND ORS. (DEFENCE) – Respondent
| Table of Content |
|---|
| 1. dispute on ex-parte decree bindingness and glr vs revenue precedence. (Para 10) |
| 2. court notes bona fide title dispute unfit for writ. (Para 11 , 12) |
| 3. pp act summary eviction inapplicable to disputed titles. (Para 13 , 14 , 15 , 16 , 17) |
| 4. registered sale deeds carry strong presumption of validity. (Para 18) |
| 5. glr entries not conclusive without due process and notice. (Para 19 , 20) |
| 6. eviction order quashed; liberty for civil title suit granted. (Para 21 , 22) |
JUDGMENT :
M. A. CHOWDHARY, J.
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
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.
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