The Jammu Kashmir and Ladakh high court on Tuesday pronounced a judgment that no Khachari land illegally in possession can be exchanged. The court was hearing a petition of a Budgam resident who sought the intervention of court and asked to pass an order so that he can exchange his piece of and with khaichari in his possession.
The court dismissed the petition in which the petitioner asked for the seeking to grant permission in favour of a person for exchange of proprietary land measuring 8 marlas in Khag Budgam in lieu of khacharai land measuring equal land.
A bench headed by Justice Sanjay Dhar said that it is clear that the exchange of proprietary land for encroached kahcharai land is not permissible now and the Deputy Commissioner concerned has no power to accept any such offer.
Prior to the article 370 abrogation in Jammu and Kashmir, the law was permissible and people could exchange their land with the Deputy commissioner being the competent authority in passing an order. Now the fresh land laws as per the government order doesn’t allow any such move.
The order of the high Court in the long run will have serious consequences for the people who have small land holdings in their possession illegally and may have intent to exchange it since they may have constructed houses over it.
Since the Court has only jurisdiction of interpreting the law and has no competence of framing the laws, the onus lies on the government to frame such laws which can pave way for such occasions when required.
There might be a substantial population in Jammu and Kashmir who may have illegally occupied small land holdings to construct houses since they may have no other options available or have land which are not feasible for construction purposes.
No government can be coercive to its people and the laws are framed for the welfare of people. So, the government must frame the policy to ensure such provision for the common people are available who may have small land holdings in possession for the construction of homes. There is no harm if the occupant offers the land in exchange for the same value.
