Court Finds Application of Common Land Act Unwarranted for Municipal Area Land
In a significant decision, the Jammu & Kashmir High Court has set aside an impugned order against petitioner Shafiq Anjum, who was accused of illegally storing building materials on a plot of land in Udhampur. The court, presided over by Justice Moksha Khajuria Kazmi, ruled that the Jammu & Kashmir Common Lands (Regulation) Act, 1956, was inapplicable as the land in question falls within a municipal area.
The petitioner, Shafiq Anjum, through his counsel Mr. Abhirash Sharma, sought the quashing of the order issued on March 4, 2017, by respondent authorities. The order mandated the removal and seizure of building materials stored on the land and further directed the lodging of an FIR for alleged encroachment.
The petitioner argued that the land, recorded as 'Gair Mumkin Talai' (uncultivable pond), was privately owned by proforma respondent No.6 and not a common or gram panchayat land. The court found merit in the petitioner's claim, highlighting that under Section 1(4) of the Jammu & Kashmir Common Lands (Regulation) Act, 1956, land within municipal limits is exempt from the Act's purview.
Furthermore, the court noted that the directions from the Supreme Court in the landmark case of Jagpal Singh v. State of Punjab pertained specifically to common lands like Gram Sabha and Gram Panchayat lands, and thus, were inapplicable in this instance.
Justice Kazmi emphasized that the petitioner had stored materials with the owner's consent, and any legal action should have been directed at the owner, not the petitioner. The court also pointed out that the impugned order was issued without due process, as the petitioner was not afforded an opportunity to respond before the order was executed.
In conclusion, the court allowed the writ petition, setting aside the impugned order and relieving the petitioner from the allegations. The decision underscores the importance of adhering to statutory provisions and respecting private ownership rights, even within the complexities of municipal land regulations.
Bottom Line:
Common Land Regulation - Land falling under Municipal area is excluded from the purview of the Jammu & Kashmir Common Lands (Regulation) Act, 1956. Directions issued under this Act cannot be applied to land within municipal limits.
Statutory provision(s): Jammu & Kashmir Common Lands (Regulation) Act, 1956, Jammu and Kashmir Municipal Act, 2008, Article 226 of the Constitution of India.
Shafiq Anjum v. State of Jammu and Kashmir, (Jammu And Kashmir) : Law Finder Doc Id # 2838065
