Jammu and Kashmir High Court on Tuesday issued notice to Jammu and Kashmir Government on a petition challenging SRO 320 of 1985 with regard to transfer of the Poonch city to Auqaf in 1985.
The Court of Justice Dheeraj Singh Thakur has asked the respondent State through Commissioner/ Secretary, Department of Revenue; (In Charge Haj & Auqaf); Deputy Commissioner, Poonch; Administrator Auqaf Islamia Poonch; Senior Superintendent of Police (SSP) Poonch and Divisional Commissioner, Jammu to file replies within four weeks.
Senior Additional Advocate General Seema Shekhar received the notices on behalf of respondents.
Petitioners are represented by Advocate Ankur Sharma. The petition states that the general public including three petitioners, all residents of Poonch came to know about the impugned SRO only in March 2017 when the Administrator Auqaf Islamia slapped an eviction notice on the District Information Officer, Information Department under Section 45 of the J&K Wakafs Act, 2001, alleging that the District Information Centre has been unauthorisedly raised on 3 Kanals; 8 Marlas of Wakaf Land comprising Khasra No. 1389.
As per the Wakaf Department, Khasra No. 1389 is a graveyard/Eid Gah. A copy of the eviction notice dated March 24, 2017 issued under Section 45 of the J&K Wakafs Act, 2001 by the Administrator Auqaf Islamia Poonch to the District Information Officer, Poonch has also been appended with the petition, Ankur Sharma told STATE TIMES.
According to the petition, similar notices were also issued to the Principal Government Degree College Poonch besides other government institutions and various private individuals. In certain cases, rent has also been sought by the Administrator Auqaf Islamia Poonch, the petition states.
Advocate Ankur Sharma, counsel for the petitioners said, “The SRO 320 is a proof of the fact that the Jammu and Kashmir State is not a secular state. It is virtually a theological state”, Advocate Sharma said, adding that the respective governments had been handing over lands to select religious entities. “This is anti secular,” Advocate Sharma added.
“This petition has been filed because of misadventure of the then government in clandestinely issuing impugned SRO 320 dated August 31, 1985 resultantly causing a heist on the land bank of Tehsil Poonch. In blatant abuse of the powers conferred by sub section (1) of Section 6 of the J&K Wakafs Act, 1978 (herein-after to be referred as “the Act”) the government without preparing a report as required under sub section (3) of Section 4 of the Act, in-fact manufactured a false report, in an illegal and fraudulent manner published the list of Wakafs of eleven villages of Tehsil Poonch”, the petitioners stated.
The petitioner Satish Sasan is President of Sanatan Dharma Sabha District Poonch while Sanjay Raina, is an Advocate by profession and a social activist and Hardev Lal, is a prominent citizen of Poonch and a social worker.
“The petitioners are aggrieved especially by the fraudulent inclusion of lands/properties in the impugned SRO namely: A. Government Airfield Ground (Total 180 Kanals; 08 Marlas comprised in Khasra Nos.522; 523; 524; 525; 528; 530 and 544 Tehsil Haveli; Poonch); B. Gair Mumkin Kassi (0.18 Marlas in Khasra No. 1361); C. Government PWD Road adjoining Eid Gah (0.16 Marlas in Khasra No. 1369); D. Ground of Government Degree College Poonch (10 Kanals; 12 Marlas comprised in Khasra Nos. 1370; 1371; 1372;); E. Government Muncipality Land (0.9 Marlas comprised in Khasra Nos. 1390; 1391); F. Government Media Complex (02 Kanals; 13 Marlas comprised in Khasra No. 1389); G. Government Parade Ground (23 Kanals; 10 Marlas comprised in Khasra Nos. 3222 Min); H. Old Police Station (Now Government Quarters; 2 Kanals; 3222 Min); I. Government Girls City Middle School Poonch (4 Kanals; 3222 Min); J. Deputy Commissioner’s Office and Residence (03 Kanals; 14 Marlas; Khasra Nos 1497 and 1498); K. Military Engineering Services (MES) Land near Allapir (07 Kanals; 05 Marlas; Khasra Nos. 319; 318)”, the petition reads.
It adds, “Apart from this, the total land measuring 8 Kanals; 7 Marlas comprised in Khasra No. 1436 (2 Kanals; 14 Marlas) which previously belonged to the Forest Department having a Fire Brigade Building raised over it but now, along-with additional vacant land measuring 5 Kanals; 13 Marlas, the land stands illegally occupied by the Auqaf administration by the use of muscle power. The land as on date has not been sanctioned in favour of Auqaf Islamia, and there is only a recommendation for such handover on false/flimsy grounds at a price which is far lower than the actual market price”.
“Earlier these lands belonged to the Raja of Poonch. The same fact can be substantiated from the revenue record of 1920 onwards which was deliberately overlooked/concealed at the time of making enquiries following petitioners’ representations. Normally, the land should have been a state land except in certain cases”, the petition stated.
The petition further states that the official, communication dated November 2, 2012 of Deputy Commissioner Poonch with respect to the impugned SRO observes, “Hence it is evident that these additional Khasras were notified wrongly. But neither District Administration nor the concerned Department probably had knowledge of this notification and inclusion of new numbers, hence none of these institutions challenged the notification or made an appeal before the competent authority under Auqaf Act.”
The petitioners have sought declaring SRO 320 issued by Secretary to Government Haj and Auqaf along-with all acts, deeds and things done pursuant there-to or in consequence there-of, including all revenue entries, notifications, agreements etc. as bad in law, illegal, unconstitutional, null and void ab-initio.
“Strike-off all revenue entries made in favour of Auqaf as a consequence to the passage of impugned SRO 320 issued by Secretary to Government Haj & Auqaf and also retrieve the lands and properties (including the Rent) occupied by the Department of Haj and Auqaf as a consequence to the passage of impugned SRO 320, the petition further seeks.