DB directs Revenue authority to identify ownership, occupation of requisite area
Asks to settle all disputes through negotiations
TNN Bureau. Updated: 12/31/2017 12:42:26 AM

JAMMU: In the much publicized Public Interest Litigation regarding preserving the Gharana Wetland, the Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar directed the Revenue authority to identify the ownership and occupation of requisite area.
When the PIL came up for hearing, Division Bench observed that counsel appearing on behalf of the Forest and Wild Life Departments submits that the area which is immediately required has been marked on the spot through poles after taking the GPS readings of each such pole and the exact points shall be marked out on a map based on the GPS readings.
Upon this, Division Bench directed the Revenue authority to identify the ownership / occupation in respect of the area so marked out and further directed that the report of the Revenue authority be submitted within four days.
DB further observed that the land falling within the perimeter of these poles may be utilized for the purpose of preserving the Gharana Wetland, however, that will be subject to final orders of this Court.
In case the respondents need to acquire any land for the purposes of preserving the wetland at Gharana, they may take appropriate steps under the J&K Land Acquisition Act, 1990 (1934 AD) in accordance with the provisions thereof, the Court directed.
Division Bench further observed that this order has been passed with the consent of the petitioners because they have fairly stated that they are also interested in the preservation of the wetland provided their rights are also protected. The Revenue authority shall act upon this order immediately so that they appropriately identify the areas, as directed above, within the time specified.
DB further observed that while considering the issue of compensation, which may be payable to the villagers, whose land may be acquired, the acquiring authority shall first consider to provide the villagers land in lieu of the land that they are taking and also try to settle the compensation through negotiations with the villagers and this latter part of the order is a direction based on the fact that all the parties here are concerned about the preservation of the Wetland at Gharana.

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