Revenue Court cancelmutations of over 45 Kanals state land in Jammu

Orders disciplinary action against tainted officials

Jammu: Amid retrieval drive of state land given under Roshni Act across Jammu and Kashmir, the Court of Financial Commissioner of Revenue, has cancelled the mutation of state land measuring 45 Kanals 8 Maralas at Channi Rama in Jammu.
The order came amid ongoing drive to retrieve state lands, the FC Revenue ShaleenKabra’s order copy in possession of The News Now reads that
the mutations of state land measuring 45K-08M covered under Khasra No. 331 (old), 264 (new) of estate Channi Rama Tehsil, Bahu, Jammu has been cancelled on the grounds of converting it from agriculture use to other purposes without prior permission of the government.
Kabra also ordered Deputy Commissioner, Jammu AvnyLavasa to initiate disciplinary action against the erring officials involved in the scam.
The said piece of land was mutated in the name of one Chirag Din (predecessor) as tenant-at-will under the State through mutation no. 3821 dated 19.03.2010 attested under Govt. Order LB-6/C of 1958. The proprietary rights were conferred upon the Chirag Din through mutation no. 3822 dated 19.03.2010 attested under Govt. Order 3-432 of 1966. One of the sons of said Chirag Din namely Bashir Ahmed had further on the basis of a family settlement deed got mutated land measuring 09K-07M out of the above said land in favour of his sons through mutation no. 4693 dated 08.10.2013.
The matter was brought to the notice of the court by Division Commissioner, Jammu who based on the report of Deputy Commissioner, had recommended to set aside the said mutations for violating the conditions of the said Govt. Orders viz not putting the land to agriculture use and having resorted to alienation without prior permission of the Government. It is further recommended to hold an indepth enquiry with regard to the facts and circumstances that led to the attestation of above said mutations.
The court of Financial Commissioner, Revenue, during proceedings came to know that a revision petition titled "Harbajan Singh Versus Hassan Din and Ors" on the same subject matter was pending before the Divisional Commissioner, and a matter with regard to same land related to illegal structure constructed in Chirag Colony, BathindiMorh before the Deputy Commissioner Jammu. Both the case files were accordingly summoned by the court and all the three matters clubbed and taken together for disposal.
After hearing the counsels from both the parties viz revenue and predecessors of Chirag Din, the court observed. “The mutations which are the subject of challenge have been attested in the year 2010, giving effect to the Government Orders of 1958 and 1966. The belated attestation, not only casts a doubt to the mutations but to the very existence of entries recorded in the name of respondents, which appear to have been fabricated and which act amounts to a fraud. Apart from this, the major chunk of the land under the Khasra No. is Lair Mumkin Banjar, which lands do not come within the ambit of the Govt Order LB-6/C. Also the attestation of mutation for land measuring 45K-08M only instead of 64K ie the respondents claim in their possession, puts the mutations under the shadow of doubt.
The justification tendered by the respondents to the lawful construction raised by them over the suit land is that the same has been raised with proper permission from the concerned authorities. However, the very conferment of ownership is itself, as brought out above is illegal, which cannot be legalized by any subsequent legal act. Otherwise also, to switch over from agricultural to non-agricultural activity, the permission in writing of the competent authority was to be obtained even if the (agricultural land was lawfully owned by a proprietor. Recommendations of the Divisional Commissioner in the matter are accepted and by exercising suo-moto revisional powers vested upon this Court under section 15 of Land Revenue Act, the impugned mutation no.s, 3821, 3822, both dated 19.03.2010 of estate Channi Rama, Jammu alongwith mutation no. 4693 dated 08.10.2013, being consequential to these mutations are set aside and the status of the land as state land is restored. This shall also dispose of the revision petition titled Harbajan Singh V/S Hassan Din as Ors. Further, the Deputy Commissioner shall proceed in the matter concerning illegal structure constructed in Chirag Colony, BathindiMorh in accordance with law and take every possible measures to preserve and protect the State land. She shall also initiate disciplinary action against the concerned officials. On the administrative side, the Administrative Officer with Financial Commissioner Revenue will liase with the Deputy Commissioner and apprise the court about the action taken on fortnightly basis”.