Srinagar: The High Court of J&K and Ladakh on Friday disposed off a plea of ex-servicemen of Zanskar, district Kargil seeking a direction for the government to issue formal allotment order of the proposed land for them.
Justice Rajnesh Oswal while hearing the contentions of the parties on the issue said that the prayer of the petitioner for allotment of the land proposed to ex-servicemen of Zanskar district Kargil cannot be acceded to as it is for the respondents to allot the land to the eligible ex- servicemen.
“However, no one can encroach upon the government land and in the event any such land is encroached upon, the respondents can evict the encroacher in accordance with law,” court said.
In view of the above, court disposed of the writ petition by directing the respondents to ensure that the land proposed for allotment to the ex- servicemen Zanskar, District Kargil is not encroached upon by anyone and in the event the said land has been encroached by anyone the respondents shall proceed against the encroacher(s) in accordance with law.
Earlier objections filed by the respondents said that disputed questions of fact have been raised by the petitioner which cannot be considered while adjudicating the writ petition.
It was averred that the land measuring 1175 kanals and 11 marlas was proposed for allotment to the ex-servicemen of Zanskar Tehsil vide letter dated 28 July 1986 and out of this land 192 kanals of land has already been allotted to 48 families of ex-servicemen in the ratio of 4 kanals per head vide Deputy Commissioner, Kargil’s order dated 10 November, 2000 and it is further stated that notice has been issued to the encroacher.