Truth prevails!

• The DC Jammu has got vacated 274 kanal in tehsil Bhalwal as a part of retrieving the land from the land grabbers, encroached the land on the basis of muscle and money power.
•  Now it is the turn of JDA to take care of its land as the DC Jammu has set aside the illegal mutation to clear entire obstacles for JDA to capture the said land.

jj correspondent

Jammu, Jan 10: The honest Deputy Commissioner Jammu Avni Lavasa IAS has set aside illegal mutation entered by the then revenue officers, vide her court on 07-01-2023 under file No DCJ/Rdr/2022-23/47 and the case was instituted on 30-09-2022, the land situated at village Paloura falling under Khasra No 985 measuring 8 kanal, with sole intention to favour the land robbers reasons better known to the suspended officials, who are responsible for this entire anti-constitutional act.
Meanwhile, the Deputy Commissioner Jammu has got success in evacuating the encroached land measuring near about 274 kanal in tehsil Bhalwal as the land was in possession of land grabbers, who grabbed the land on the basis of muscle and money power, but the honest, dedicated, fearless and energetic officer Avny Lavasa has remained instrumental in retrieving the said land.
The Deputy Commissioner Jammu has taken cognizance of the said illegal mutation of the JDA land when the Jammu Jottings has raised the issue and its office came in action. In this concern, the DC Jammu has summoned the land record from the concerned office and it has been established that the then mutation entered in the land record vide mutation number 6259 was illegal, fraud and deceitful and the concerned revenue officers were placed under suspension for their malpractices.
In her decision on 07-01-2023, the court of Deputy Commissioner Jammu has said, ‘Jammu Development Authority has assailed the attestation of mutation No 6259 jeem on the grounds including that the land falling under Khasra No 985 measuring 43 kanals 08 marlas of village Paloura was transferred to JDA vide Govt Order No. Rev (NDJ) 46 of 1973 dated 28-01-1973 the then tehsil Jammu now, Tehsil Jammu North and the same is recorded in the property register of JDA. The demarcation of said land was received from revenue authorities in the year 2021 and the entire land falling under said khasra No 985 has been reflected under the possession of encroachers/illegal occupants including one Sham Singh S/o Kamal Singh R/o Paloura having encroached land measuring 8 kanals.’
The order further said that ‘After treating the communication mentioned supra as an appeal and affording an opportunity of being heard a notice was issued to the revenue officials/officers and the beneficiaries of the impugned mutation to appear before this court along with relevant record pertaining to the said land.’ It further mentioned as ‘the official respondents appeared before this court along with record whereas the beneficiary caused his appearance on 05-11-2022 along with counsel and filed Vikalatnama. None of the private respondent has appeared thereafter.’
The order further clarified as, ‘The record so furnished by the official respondents was perused, and upon perusal of the record, it has come to fore that the land in question had been recorded state land in ownership column, maqbooza JDA and the beneficiaries had been registered as unauthorized as unauthorized occupants in Kasht column. The private respondent had been in loggerheads with JDA with respect to the land in question and both the parties were involved in protracted litigation. Private respondents had filed a suit for Permanent Prohibitory Injunction restraining JDA from interfering in the peaceful possession/not dispossessing them from the suit land. Learned Civil Subordinate Judge, Municipal Mobile Magistrate First Class, Jammu, while disposing of the case had decreed that the JDA shall not dispossess the plaintiff from the suit land and had further directed JDA to adopt due procedure of law and not to proceed in the matter without affording an opportunity of being heard.’
The intriguing part of the story that the official respondents have attested the impugned mutation on the basis of decree dated 20/02/1998 passed by the court. It clearly depicts that the then revenue officers had deliberately wrongly interpreted the decree passed by the court and gone a step ahead by conferring the ownership rights on the suit land whereas the concerned court had granted only permanent prohibitory injunction against the appellant herein. So the court of DC Jammu has declared the mutation impugned is violative of statutory laws, not sustainable in the eyes of law, thus, it had been rendered illegal and deserved to be set aside. The order further said that under CCA rules the stringent action should be initiated against the officials responsible for attestation of illegal mutation.
The order further said as ‘In view of the foregoing facts the mutation impugned No 6259/Jeem dated 21-04-2022 of village Paloura, Tehsil Jammu North is hereby set aside with directions to tehsildar Jammu North to restore the record of the land to the position prior to attestation of the impugned mutation. Stay order if any, issued by this court stands vacated.’
In the beginning the order has mentioned as ‘The Jammu Development Authority vide communication No. JDA/DLM/000496/402-07 dated 29-10-2022 brought into the notice this office, regarding illegal mutations on JDA land in khasra No 263 & 985 of village Paloura, Tehsil Jammu North.’