High Court division bench issues notice to JK Govt, JDA for refusing building permission to petitioner 

Srinagar, Aug 13 (KNS): A Division Bench of  Jammu and Kashmir and Ladakh comprising of  Justice Tashi Rabstan and ustice Puneet Gupta issued notice to the UT Government financial Commissioner (Revenue), Divisional Commissioner, Deputy Commissioner, Jammu and JDA for refusing building permission to a petitioner. 

In a statement, issued to Kashmir News Service (KNS), a spokesperson said that the petitioner was aggrieved by the refusal of the building permission on the grounds that the kind of soil is recorded as “Gair Mumkin Khad”  which finds its roots in the Communication issued by Financial Commissioner, to all the Deputy Commissioners and Revenue Officials stating that under the State Water Policy and Plan i.e. SRO 456, the revenue officials do not have any power or authority to issue fards for the purpose of alienation of the land recorded as Gair Mumkin Khad and the second ground for rejection of the building permission of the petitioner was that the land has been acquired by JDA.

“Subsequent RTI reveals that the land in question was never acquired by JDA and the same is reflected by the records, NOC’s and reports of various departments during the process of the file,” reads the statement.

It reads that the petitioner has challenged the legality of the impugned communications on the grounds that the impugned communications are hit by and are in violation of J&K Re-organization Act, 2019 read with S.O. 3808 ( E ) dated 26-October-2020 which repeals the J&K Big Landed Estates Abolition Act 2007 and further Gair Mumkin Khad does not find any mention in the type of land which are prohibited as per the Section 133 BB of the Land Revenue Act which was added vide S.O. 3808 (E). 

“It was also submitted that the impugned communication passed by Financial Commissioner is without jurisdiction viz a viz the mandate of SRO 456.”

The statement reads that the Division Bench upon hearing the Counsel appearing for the petitioner Syed Aaqib Mujtaba and Mohd Ashfaq Mir, issued notice to the UT government of J&K and JDA.  

It states that the matter has been fixed next on October 13. (KNS)

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