Srinagar, Apr 22: Underscoring that the disputed questions of land title cannot be decided through summary proceedings under the Public Premises Act, the High Court of J&K and Ladakh Wednesday quashed an eviction order issued by the Cantonment authorities against some residents of Sonawar here.

Allowing the four aggrieved persons’ plea, a Bench of Justice M A Chowdhary, set aside the order dated August 8, 2022 passed by the Estates Officer, Cantonment Board, Badami Bagh Srinagar.

In their plea, the petitioners had assailed the eviction proceedings initiated under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, asserting ownership and long-standing possession of land at Bonamsar, Sonawar Srinagar.

 They relied on revenue records, mutations, and a civil court decree to claim the land as proprietary.

Opposing the plea, the Union of India and Cantonment authorities argued that the land formed part of Defence property recorded as B-4 land in the General Land Register (GLR). The petitioners, they alleged, were unauthorised occupants.

In its decision, the Court held that both sides had raised competing claims over the land, identified differently in revenue and defence records, thereby involving complex and bona fide disputes of title.

 “Summary eviction proceedings cannot be used where title is seriously disputed,” the court said.

With regard to the Petitioners claim that the land in question was purchased by their predecessor-in-interest in terms of a registered sale deed 3rd of June, 1971, the Court said: “ In respect of a registered sale deed, the well settled proposition of law lays down that a registered sale deed carries a formidable presumption of validity and genuineness and that the burden of proof to displace this presumption rests heavily upon the challenger, requiring material particulars and cogent evidence to demonstrate that the deed was never intended to operate as a bona fide transfer of title”

 The petitioners were claiming title and possession over the subject property through their predecessors-in-interest from the year 1950, whereas, the respondents claimed the subject land is Government/ Defense land which had been encroached upon by the Petitioners.

“In such a situation, having regard to the referred legal position, unless they establish their title through competent Civil Court, the Respondents are not entitled to initiate and pass the eviction order exercising the powers conferred under the Act of 1971, which is summary in nature, thereby rendering the same without jurisdiction”, the court said.

 The question raised before the court was whether the Cantonment Board was entitled to initiate proceedings against the Petitioners under the Act of 1971, being summary in nature.

“The law is that the summary remedy for eviction, as is provided under the Act of 1971, can be resorted to by the concerned Authority only against the persons who are in unauthorized occupation of any land which is the property of the Government” the court said.

However, the Court added:“ If there is a bona fide dispute regarding the title of the Government to any property, the Government cannot take a unilateral decision in its own favour that the property belongs to it, and, on the basis of such decision, take recourse to the summary remedy provided by the Act of 1971 for evicting the person who is in possession of the property under a bona fide claim or title”.

With regard to reliance on the General Land Register (GLR), the Court said the same is not prepared after issuing any notification calling for the objections from the interested persons, as in a case relating to the provisions of the Land Revenue Act and the Record of Rights in Land Regulations.

 “There is no wide publicity given and none is heard before making such entries in GLR. Where a record is prepared by a public servant and such record affects the persons who have no opportunity to object to the same, such record does not carry any probative value.”

The Court noted that the principles of natural justice, are required to be complied with by the public servants in the matter of preparation of any documents, which may have a tendency of adversely affecting the rights of the private citizens.

“Only such documents prepared after due notice and hearing of all the concerned shall be deemed to be made by a public servant in the discharge of his official duty within the meaning of Section 35 of the Indian Evidence Act.”

The GLR, as such, cannot be said to be prepared and maintained in respect of the rights in or over the land, the court said.

New Delhi, Apr 22: The National Investigation Agency (NIA) on Wednesday attached several properties belonging to a Jaish-e-Mohammad (JeM) terror operative in a 2017 case of Fidayeen attack on a CRPF camp, in which five paramilitary personnel were killed and three seriously injured.

In a statement issued, NIA said the attachment action, taken under Section 33 (1) of UA (P) Act, 1967, in pursuance of recent orders of the NIA Special Court at Jammu, comes as a major step towards dismantling the terror outfits operating in J&K.

It said the immovable properties attached by NIA include several pieces of land and residential premises in Lethpora in Awantipora police station area of Pulwama district of J&K. These properties, deemed to be proceeds of terrorism, belonged to accused Fayaz Ahmed Magray. 
Fayaz, who hailed from Lethpora, was arrested in connection with the case RC.10/2018/NIA/DLI in February 2019. NIA had charged him under various sections of RPC and UA (P) Act in August 2019, and the trial against him is continuing, statement said.

The CRPF camp, located in Lethpora, was attacked on the night of 30th December 2017 by three unknown terrorists, armed with sophisticated weapons, explosives and ammunition. The trio had forced their way into the camp and attacked the personnel there before being killed in retaliatory action.

NIA investigations had revealed Fayaz to be an active Over Ground Worker (OGW) of the proscribed JeM terror organisation in south Kashmir. He was found to have participated in the meetings with the terrorists who had planned and executed the deadly attack on the CRPF centre. Along with two other men, identified as Noor Mohammad Tantray and Mudasir Ahmad Khan, Jaish operatives he had also conducted a recee of the target camp, besides arranging weapons for Mudasir and subsequently helping him escape Lethpora. Noor Mohammad was killed in an encounter with security forces before the CRPF camp attack while Mudasir was killed in another encounter later, statement added.

Srinagar/Jammu, Apr 22: Political parties cutting across party lines on Wednesday paid tributes to the 26 people who were gunned down by Lashkar-e-Taiba (LeT) terrorists in Pahalgam last year, saying the attack is a wound whose scar will never truly heal.

“The tragic incident not only saddened our hearts, but brought tears to our eyes. It brought grief to every Kashmiri,” ruling National Conference (NC) state spokesperson Imran Nabi Dar said on the first anniversary of the attack.

He, however, said Kashmiris stood united and condemned the attack.

“A united message came from the people that the entire Kashmir was in grief. People came out everywhere, candlelight marches happened, and this gruesome attack was unanimously condemned by everyone,” he said, adding that the attack had a damaging effect on the Union territory’s economy.

The NC spokesperson expressed hope that such an attack should not happen again and that security agencies augment their defences across the valley, especially at the tourist spots.

J&K Pradesh Congress Committee (JKPCC) president Tariiq Hameed Karra, while paying tribute to the victims, said the remembrance of the attack is accompanied by a “continuing sense of anguish”.

“The promise of democracy appears diminished when institutions lack meaningful authority, and when citizens continue to live under the shadow of recurring security concerns. There is a growing perception that governance is becoming reactive rather than anticipatory,” he said.

“At such a juncture, statesmanship demands reflection, course correction, and above all, a willingness to listen, understand, and act in the larger national interest,” he added.

Karra’s party colleague and Congress Legislature Party leader Ghulam Ahmed Mir said terrorism will not be able to break their spirit and reaffirmed “commitment to end violence and build a future where every life in J&K is safe and valued.”

Meanwhile, J&K BJP took out a rally in Anantnag district, in south Kashmir, to commemorate the day as a “black day”.

“Today marks one year of the horrific carnage. We pay our tribute to the martyrs and stand with their families. Modi showed Pakistan that if it does anything, we will strike inside their homes,” BJP leader and former MLC Sofi Yusuf told reporters.

In Jammu, BJP leaders and activists gathered at Maharaja Hari Singh Park and offered solemn tributes. Senior BJP leaders, led by party president and MP Sat Sharma, paid homage amid sloganeering in favour of the martyrs and the nation.

Speaking on the occasion, Sharma said that the entire nation was remembering those who laid down their lives. He asserted that India has conveyed to the world that while it does not strike first, it knows how to defend itself when required.

Referring to the government’s firm stance against Pakistan, he said decisive action had demonstrated the country’s strength and resolve.

BJP MLA Shagun Parihar, while paying tribute, said with “tear-filled eyes” she remembered the victims and expressed hope that such incidents would not recur. “As someone from a martyr’s family, I understand the pain endured by families after such tragedies. We pray that Jammu and Kashmir never witnesses such incidents again,” she said.

Party leader Divyani Rana termed the attack a deeply tragic incident that plunged the entire nation into grief.

She said the central leadership had made it clear that any harm to Indian citizens would be met with a strong response, adding that the country today feels secure under decisive leadership.

People’s Conference chief and MLA Handwara Sajad Lone said the scars of the Pahalgam attack will remain.

“The scars will always remain. How innocent blood was spilt. Let us hope and strive for a peaceful J&K. Let us hope the scourge of terror is eradicated from our lands for all times to come. My humble homage to those who were martyred,” he said.

Sharing similar sentiments, Apni Party chief Altaf Bukhari on X said, “Even today, the pain and sense of loss are felt strongly. On this day, as we mark its anniversary, I bow my head in deep respect and offer my heartfelt tribute to every soul we lost.”

Former J&K DGP S P Vaid said the country stood united in remembering the victims. “Today, we join the nation and Indians across the world to remember those who lost their lives in the barbaric Pahalgam terror attack. India today follows a zero-tolerance policy against terrorism,” he said, praising the response of security forces.

Meanwhile, Shiv Sena (UBT) workers held a protest in Jammu city under the leadership of its J&K unit president Munish Sinha and raised slogans condemning Pakistan.

The Dogra Front Shiv Sena organised a yagya to pay homage to the victims. Its president, Ashok Gupta, said prayers were offered for the departed souls and to express solidarity with their families.

Furthermore, the Traders Federation Warehouse organised a function here to pay floral tributes to the victims.

Speaking on the occasion, Federation President Deepak Kumar said, “We pay tribute and pray for the peace of the departed souls. We will make every effort to stand with their families and continue to remember those martyrs in one way or another. People from every section of society will support them.”

He stressed the need for unity, saying, “Our effort will be to remain united with their families, and as the country moves forward, we must work together to ensure that people of all religions stay united.”

Several other organisations, including VHP, Bajrang Dal and local social groups, besides some educational institutions, also held tribute programmes to honour the victims of the Pahalgam attack.

New Delhi, Apr 22: A Delhi court reserved its order on the interim bail plea of Baramulla Member of Parliament Engineer Rashid, who has sought temporary relief to visit his ailing father.

The plea was heard at Patiala House Court, where Rashid requested interim bail on humanitarian grounds, stating that his father is on ventilator support.

The National Investigation Agency (NIA) opposed the plea during the hearing.

After hearing arguments from both sides, the court reserved its order and said it will pronounce the decision on April 24.

The case pertains to proceedings in which Rashid is currently in custody, and the interim bail request was limited to seeking permission to meet his father.

Further details are expected following the court’s order later this week. (KNT)