J&K High Court rejects claim of revenue department on Gupkar land

The High Court today turned down the claim of the Nazool Department over a big chunk of land situated at Gupkar road in Sonwar area of Srinagar and said it is the property of the Ministry of Defence.

Justice Tashi Rabstan quashed the Notices issued by Assistant Commissioner, Nazool, Srinagar asking therein to the successor of one Ram Nath Chopra who was given land measuring 31 Kanals and 10 marlas on lease in the year 1907 for the period of 40 years for the first instance to show cause why he should not be evicted from the property in question being in its unauthorized occupation.

It is averred that in terms of Command Order dated 22.09.1939 of Maharaja Hari Singh, all the Khalsa land within the jurisdiction of Badami Bagh Cantonment area including the property-in-question popularly known as Raghunath Villa situated at Gupkar Road, Srinagar was transferred to the control of the Military Department, for which the Revenue (Nazool) Department also accorded no objection.

Subsequently, in terms of agreement dated 14.01.1956 entered into between the President of India and the erstwhile State of J&K it was agreed upon between the parties that all the properties and assets pertaining to the J&K State Forces including the property-in-question shall vest to Union of India.

The petitioner Vikram Chopra being the successors original leasee contends that he executed a lease agreement with the Defence Estates Officer cantonment board in the year 1968 in respect of the subject land , i.e., Raghunath Villa Nos.2 & 3 regarding rent, its revision etc and are in possession of the said property for the last more than hundred year and using it for residential purposes.

Justice Tashi while hearing the arguments of both the parties and perusal of record came to the conclusion that the Khalsa land including the property-in-question within the Badami Bagh Cantonment area first transferred to the control of the Military Department by the then Maharaja Hari Singh in 1939 and, then, to Ministry of Defence by way of agreement arrived at between the erstwhile State of Jammu & Kashmir and the President of India in 1956, therefore, the impugned notices issued by the Nazool Department are palpably wrong and legally misconceived.

“Further, a perusal of the command order dated 22.09.1939 reveals that it was an absolute transfer along with all rights over the land and possession of the same was also handed over to the Army or, in other words, disposing of the aforesaid land to the Army. Thus, the impugned eviction notices are factually and legally not sustainable”, Court said.

The Court added that admittedly, the khalsa land including the land-in-question was pertaining to the Army well before 01.09.1949 in terms of command order dated 22.09.1939. Therefore, in terms of agreement dated 14.01.1956 the said khalsa land including the land-in-question shall be deemed to have been vested in the Union of India for all practical purposes.

Court said the Nazool Department has no right over the said property in any manner whatsoever and even respondent-department not denied the paying of house tax, electricity charges etc. by the petitioners herein towards the Cantonment Board which itself shows that the land-in-question falls within the jurisdiction of the Cantonment Board and that ownership rights stand vested in the Ministry of Defence.

“Further, once the command order dated 22.09.1939 was issued by Maharaja Hari Singh and agreement dated 16.01.1956 was executed on behalf of the erstwhile State of Jammu & Kashmir by the then Chief Secretary of the State, then under which authority and power Assistant Commissioner Nazool issued the eviction notices to the petitioners. (KNS)

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