Court Upholds Amended Land Revenue Act; Directs Eviction in Accordance with Law
In a significant judgment, the Jammu and Kashmir High Court has ruled against Peerzada Mohammad Syed, a former political figure, in his attempt to exchange proprietary land for encroached Kahcharaie land. The court, presided over by Justice M. A. Chowdhary, found that such an exchange is not permissible under the amended Section 133(2) of the Land Revenue Act.
Peerzada Mohammad Syed, who has held various political positions, claimed that the encroached land was essential for his security due to threats from militants. He sought to exchange this land, located adjacent to his allotted plot at Friends Enclave Humhama, with proprietary land. However, the court dismissed his plea, emphasizing the changes in the law which no longer allow for such exchanges.
The petitioner's claim was rooted in the previous provisions of the Land Revenue Act, which allowed for offering proprietary land in exchange for encroached common land. However, the court highlighted that the 2020 amendment has removed this provision, thereby barring such exchanges.
Despite the rejection of the exchange request, the court directed that any eviction of the petitioner from the Kahcharaie land should follow due legal process. This ensures that the petitioner's rights are protected while also upholding the law against unauthorized encroachment.
The court's decision reinforces the legal framework aimed at protecting common land from unauthorized encroachment and emphasizes the necessity of adhering to statutory provisions in land disputes.
Bottom line:-
Encroachment upon common land or "Kahcharaie" land is unauthorized and cannot be regularized by offering proprietary land in exchange under the amended Section 133(2) of the Land Revenue Act.
Statutory provision(s): Land Revenue Act, Section 133(2)
