Demarcation of 66436 K JDA land File status report or appear in person: HC to Div Com-J

JAMMU: Taking a serious note of the non-filing of the report on status of demarcation of 66436 Kanal JDA Land in Jammu and Samba districts by the Divisional Commissioner Jammu, the state High Court on Friday directed him to submit the latest report within two weeks, failing which he shall remain present before it.

A Division Bench of the court comprising First Puisne Judge Justice Alok Aradhe and Justice Sanjay Kumar Gupta further directed the Vice-Chairman JDA to file response within a period of two weeks from today.

The Court was hearing a Public Interest Litigation (PIL) highlighting encroachment of 20 lakh kanals of State Land by the powerful land mafia in league with Politicians, Revenue Officials and Police Officers.

Earlier, at the outset of the hearing, the counsel for the petitioner invited the attention of the Division Bench towards its order dated January, 30, 2018 whereby the Division Bench then headed by Justice Ramalingam Sudhakar had appointed Divisional Commissioner Jammu to be the Nodal Officer to implement all the directions issued by the Division Bench from time to time for demarcation of JDA land in Jammu/Samba Districts and also for removal of encroachments.

He further submitted that as per the last status report filed by the then Divisional Commissioner Jammu Hemant Kumar Sharma (IAS) it was divulged that in both Districts of Jammu/Samba a total 32612 Kanals and 09 Marlas of JDA land has been demarcated till March, 2, 2018 and the same has been handed over by Revenue Department to JDA.

The court was told that the Divisional Commissioner Jammu being Nodal Officer appointed by the State High Court has been remiss in carrying out the duties assigned to him by the Division Bench and appropriate directions are warranted so that the leftover demarcation of JDA land in Samba and Jammu Districts is completed and that the time schedule fixed by it has since expired and the demarcation is going at snail’s pace.

The Division Bench headed by Justice Alok Aradhe while expressing displeasure in the open court over the non-filing of the status report by the Divisional Commissioner Jammu put a specific query to Senior AAG, S S Nanda appearing for Revenue Department as to why the directions passed on July 21, 2018 have not been carried out.

Upon this the Senior AAG submitted that he shall file the status report within a period of two weeks from today.

“The Divisional Commissioner, Jammu will file the latest status of the demarcation of JDA Land in Jammu/Samba Districts within a period of two weeks from today. It is made clear that in case the status report as directed by this Court vide order dated July, 21, 2018 is not filed within two weeks from today, the Divisional Commissioner Jammu shall remain present before this Court on the next date of hearing,” the court directed.

When the counsel for the petitioner submitted that despite the identification of the encroachers by the JDA no action has been taken so far and the encroachers have been enjoying their illegal possession over a large chunk of JDA land, the court directed Vice-Chairman JDA to file the response within a period of two weeks from today.