HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP (C) 1778/2022

CM 4365/2022

Reserved on: 22.08.2022

Pronounced on: 31.08.2022

Villagers of village Ufti-Pipiting Skidsharak Kargil

… Detenue

Through: Mr. M. A. Qayoom, Advocate

V/s

UT of Ladakh and others

Through: Mr. T. M. Shamsi, ASGI

… Respondent(s)

CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

1. The petitioners claim to be the representatives of villagers of

village Ufti-Pipiting Skidsharak Kargil and are aggrieved by order

dated 20.7.2022 passed by Financial Commissioner, Revenue, UT of

Ladakh on a representation moved by the petitioners against the

allotment of state land made by the Deputy Commissioner, Kargil

vide his order dated 9.1.2020.

2. Briefly stated, the facts projected by the petitioners in this petition are

that there is a huge chunk of land in the village, which as per Wajib-

ul-Arz of the villages is reserved for grazing of livestock and,

therefore, every villager has a right and is entitled to take his flock for

grazing purposes in the said land.

3. It is submitted that in terms of Cabinet decision no. 163 dated

3.8.1987 it has been decided that command area development of

Haftal Canal, constructed by debit to Desert Development Fund,

would be utilized and the District Development Commissioner would

draw up scheme for allotment of this land. The requirement of

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Animal/Sheep Husbandry Department to the extent of 100 acres and

Agriculture Department to the extent of 300 acres, and Forest

Department shall be kept in view. The surplus land would be

allotted to the people for agricultural purposes.

4. It is submitted that subsequent to the Cabinet decision aforesaid,

864 kanals of land were handed over to the Veterinary

department out of the Command Area of the Haftal Canal.

However, the Haftal Canal could never become functional

because the water of the concerned Haftal Nallah was reportedly

diverted for the Haftal Hydroelectric Project later. Due to non-

availability of canal water, the Veterinary department also could

not develop the fodder form for which the land was allotted to it.

5. It is submitted that taking benefit of

aforementioned

development, the district administration started allotting the land

from the aforesaid khasra numbers of their own without

following the procedure of law, particularly the Leh and Kargil

District Area (Allotment of State Land) Order 1993 [<the Land

order=]. This fact was brought to the notice of the DDC Kargil by

the respondent no. 3 by communication dated 7^th December 2003.

No action was, however, taken by the Deputy Commissioner

Kargil on the communication of respondent no. 3. As a matter of

fact the Deputy Commissioner who is also the chief executive

officer of LAHDC Kargil himself indulged in allotting the land to

different government/semi-government agencies. The matter was

thus brought to the notice of respondent no. 1 against such

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allotment made by the District Development Commissioner,

Kargil.

6. Respondent no. 1 vide order impugned rejected the representation

of the petitioners and therefore this petition. The impugned order

passed on by the Financial Commissioner is assailed by the

petitioners on the ground that the allotment of state land, which is

meant for meeting the agriculture needs of the villagers, to

various government departments by the DDC Kargil is contrary

to law and in violation of the Land order, and that as per Wajib-

ul-Arz the land cannot be allotted by any authority to the state

owned organisations/departments and ought to be reserved for

grazing purposes.

7. The transfer of land for Veterinary department for fodder

development, and on its failure to utilize it, its allotment to

various other government department is in violation of Land

order. In brief, the grievance of the peti