HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 04.04.2025 Pronounced on: 07.05.2025 WP(C) No. 435/2021 Abdul Majid, aged 69 years S/o Late Qutab-Ud-Din, …..Petitioner(s)

R/o Bathindi, Tehsil & District Jammu.

Through: Mr. Sakal Bhushan, Advocate &

Mr. Rahul Sharma, Advocate.

Vs

1. UT of J&K through Commissioner/Secretary, Revenue Department, J&K Government, Civil Sectt. Jammu.

2. Divisional Commissioner, Jammu.

.…. Respondent(s)

3. Deputy Commissioner (Collector), Jammu.

4. Tehsildar, Jammu.

Through: Mrs. Monika Kohli, Sr. AAG.

WP(C)No. 795/2022 Abdul Majid, aged 69 years S/o Late Qutab-Ud-Din, R/o Bathindi, Tehsil & District Jammu.

…Petitioner(s)

Through: Mr. Sakal Bhushan, Advocate &

Mr. Rahul Sharma, Advocate Vs

1. Union Territory of J&K through Secretary to Government, Forest Department, Civil Secretariat, Jammu.

2. Estate Officer (Divisional Forest Officer), Jammu Forest Division, Jammu.

3. Forest Protection Force, Gama Unit J1(Flying Squad), Through Assistant Director, Narwal Bypass, Jammu ….Respondent(s)

Through: Mr. Vishal Bharti, Dy AG Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGMENT

INTRODUCTION The present petitions, clubbed together due to common issues in challenge:

A. In WP(C) No. 435/2021, the order dated 15.09.2020 passed by Respondent No. 4 (Tehsildar, Jammu) cancelling mutations Nos. 97, 98, and 105 attested in favor of the petitioner.

B. In WP(C) No. 795/2022, the demolition of the petitioner's properties (including "Grand Hill" restaurant) by the Forest Department without due process, seeking compensation and restraint on interference.

GIST OF THE CASES A. The petitioner purchased land measuring 12 Kanals 7 Marlas in Khasra No. 59/41, Dawara, through registered sale deeds (2000–2004). Mutations were duly attested, and revenue records reflected his ownership.

B. In 2012, the petitioner constructed "Grand Hill" restaurant after obtaining necessary permissions.

C. In 2020, Respondent No. 4 cancelled the mutations without notice, citing irregularities under Government Order (GO) LB-6/C of 1958 and GO S- 432 of 1966. The Forest Department subsequently demolished structures in 2022, alleging encroachment on forest land.

KEY CONTENTIONS RAISED BY PETITIONER A. Violation of natural justice (no notice/opportunity heard).

B. Misinterpretation of GOs LB-6/C (1958) and S-432 (1966), which conferred proprietary rights.

C. Demolition was illegal, without demarcation or proof of forest land encroachment.

KEY CONTENTIONS RAISED BY RESPONDENTS A. Mutations were fraudulent; land was "Banjar Qadim/Ghair Mumkin" and ineligible for regularization.

B. Demolition was justified as per Financial Commissioner’s 2015 order (though petitioner was not a party)

FACTUAL MATRIX OF THE CASE, WP (C) No. 435/2021

1. The petitioner acquired the land measuring 12 Kanals through various sale deeds. Vide Sale Deed dated March 8, 2000, executed by Noor Bibi, widow of Mohd Yaqoob, and Arshad Bibi, daughter of Mohd Yaqoob, residents of Village Dawara, Tehsil Samba (now Tehsil Jammu), the land measuring 8 Kanals located at Dawara Tehsil Samba, encompasses Khasra No. 59/41, Khewat No. 17/17, and Khata No. 45/39 has been purchased by petitioner. This acquisition was formalized through a sale deed, duly registered by the learned Sub-Registrar, Samba. On February 5, 2002, sale deed executed by Moorad Ali, son of Mohd. Yaqoob for land measuring 4 Kanals, identified by Khasra No. 59/41, Khewant No. 17, Khata No. 45, located in Dawara Tehsil Samba (now Tehsil Jammu), along with a sale deed dated 11.06.2004 executed by Arshad Bibi in favour of the petitioner concerning land measuring 7 Marlas, identified by Khasra No. 59/41, Khewant No. 10 min, Khata No. 25 min, situated in Dawara Tehsil, Samba was purchased by the petitioner. The sale deeds have been properly registered by the Sub Registrar based on mutation numbers 97, 98, and 105, which have been attested in favour of the petitioner. His name is also recorded in the revenue records as the owner in possessi