Notices issued to GoI, UT Admn, others for filing response by Feb 10

Encroachment of 800 Kanals Wakf land in Samba

STATE TIMES NEWS

JAMMU: Taking cognizance of a writ petition highlighting encroachment of more than 800 Kanals of Wakf land in Samba District, Justice Tashi Rabstan of Jammu and Kashmir High Court (Jammu Wing) has issued notices to Secretary, Ministry of Defence, Government of India; Commissioner/ Secretary to Govt. of J&K Haj, Revenue and Auqaf, Divisional Commissioner Jammu, Deputy Commissioner Samba, SSP Samba, Administrator Auqaf Department Samba, Chief Executive Officer Auqaf J&K, SDM Vijaypur, Tehsildar Bari Brahmana, SHO Police Station Bari Brahmana and others directing them to file their response by or before February 10, 2021.
In a writ petition filed by Shamas Din, son of Ghulam Fareed, resident of village Meen Charkan (Smailpur), Bari Brahmana Industrial Complex, the petitioner has sought appropriate directions to Commissioner/Secretary to Govt. of J&K Revenue Department (Haj & Auqaf Section), Divisional Commissioner Jammu, Deputy Commissioner Samba, SSP Samba and Administrator, Auqaf Department Samba to protect and safeguard wakf properties from land mafia in Samba measuring 1721.8 Kanals, which has been duly notified vide SRO-704 dated 31-12-1984, SRO-165 dated 20-04-1985, SRO-366 dated 06-12-2006 and SRO-533 dated 18-09-2016.
After hearing Advocate Irfaan Mohd Khan appearing for petitioner, Justice Tashi Rabstan directed officers/officials of District Administration Samba and Administrator Auqaf Department Samba to consider representation contended to have been filed by the petitioner highlighting encroachment of wakf land in Samba within notice period.
When this petition came up for hearing, Advocate Irfaan Mohammad Khan appearing for petitioner (through video conferencing) submitted that in District Samba nearly 40 Kanals 14 Marlas wakf land has been encroached by Education Department, 07 Kanals 03 Marlas encroached by SKUAST-J, 06 Kanals is under illegal occupation of Health Department, 17 Kanals 15 Marlas is under occupation of PWD (R&B), 02 Kanals 18 Marlas is under the occupation of Power Development Department, 09 Kanals 12 Marlas under the occupation of PHE Department, 01 Kanal is under the occupation of Department of Rural Development and Panchayati Raj, 16 Kanals is under occupation of Zila Sainik Welfare Board Samba, 05 Kanals 13 Marlas under occupation of Northern Railways, 37 Kanals 19 Marlas under the occupation of Forest Department (Social Forestry) J&K.
Advocate Irfan Mohd Khan, vehemently argued that in Village Smailpur Tehsil Bari Brahmana District Samba, there is a graveyard in Khasra No. 03 measuring 97 Kanals and 04 Marlas and land mafia on August, 5, 2020 with help of musclemen/anti-social elements made an abortive bid to encroach upon the graveyard land and started illegal construction during broad daylight and the petitioner and other inhabitants of area brought the encroachment into the notice of Administrator, Auqaf Department Samba and accordingly FIR No.172 of 2020 dated 08-08-2020 under Sections 188, 269, 271 & 447 of IPC read with Section 51(b) of Disaster Management Act, 2005 was registered but there is no headway in investigation and Action Taken Report is required to be summoned from SSP Samba.
Advocate Irfan Mohd Khan, while concluding submissions, further submitted that there is free for all situation in District Samba regarding wakf land and not only Government Departments/Agencies, the organised land mafia has also not left behind in encroaching 800 Kanals of wakf land and aforesaid land is required to be retrieved. Entire wakf land is required to be fenced and sign boards are also required to be installed for identification of wakf land, he submitted.