Digitization of Revenue Records-DB directs Secy. Rev. to file Affidavit within 02 days
In a significant order a Division Bench of J&K High Court comprising Chief Justice Gita Mittal and First Puisne Judge Justice Rajesh Bindal (through video conferencing) has directed the Government of Jammu and Kashmir to ensure that all encroached land viz. measuring 154 Kanals JDA land comprised in Khasra No.781 situated at Village Deeli (Marble Market), Jammu as highlighted in Civil Miscellaneous Application No.1972/2020 arising out of PIL No.19/2011 be retrieved in accordance with law.
When this much publicized C.M. No.1972/2020 came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that the issue raised in this application is with regard to encroachment of prime JDA land measuring 154 Kanals situated in Village Deeli (Khasra No.781) which has been encroached upon by ‘Bigwigs’ in connivance with JDA and Revenue Department and since 2004 the JDA has preferred to keep quite and never took serious steps to retrieve this important piece of land which is under illegal occupation of ‘Big Sharks’. Advocate Ahmed further submitted that recently because of the indulgence shown by the Division Bench the Revenue Department has woken up from deep slumber and Deputy Commissioner Jammu has constituted a demarcation commission to identify the encroached 154 Kanals of JDA land.
The Division Bench headed by Chief Justice Gita Mittal after considering the submissions of Advocate S.S. Ahmed and Senior AAG S.S. Nanda and AAG Raman Sharma appearing for the Government of J&K observed and directed that the issues raised in this application (CM No.1972/2020 in PIL No.19/2011) have already been dealt with and directions made for appropriate inquiry by the CBI in Judgment dated October, 9, 2020 passed in IA No.48/2014, CM No.4036 and 4065/2020 in PIL No.19/2011. The Division Bench further directed, “Needless to say, the respondents shall ensure that all encroached land is retrieved in accordance with law.”
The Division Bench also took up CM No.4519/2020 seeking digitization of Revenue Records in U.T. of J&K and the Division Bench observed that Dr. Pawan Kotwal-Principal Secretary to Govt. of J&K Revenue Department has informed that the process of digitization of the revenue records is underway. The DB further observed that it is essential to have the method being adopted and the manner in which the digitization is being undertaken of the revenue records.
The DB headed by Chief Justice Gita Mittal further directed the Revenue Department to file an affidavit in this regard within two days from today and the affidavit shall disclose the manner in which Tehsil-Wise Digitization is being effected and posted in the public domain. The DB further directed that the Revenue Department will ensure that all revenue records including all applications and documents under the Roshini Act, 2001 are kept secured and safe and are not lost/tempered with/damaged/destroyed in any manner whatsoever. The DB further directed that a copy of this order be sent to the Chief Secretary Govt. of U.T. of J&K, Secretary Revenue Govt. of J&K and Divisional Commissioner Jammu as well as Divisional Commissioner Kashmir.
Looking into the importance of the matter the DB directed the Registry to re-notify the instant PIL on October, 15, 2020. JNF