IN THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AND LAKAKH
AT JAMMU.
CM. NO.______/2022
IN
OWP No.158/2014
Mohan Lal Koul & Ors V/S State of J&K & Ors
IN THE MATTER OF: - Application on behalf of “Souch Kral Trust”
through its managing trustee Muhammad
Abdullah Rather s/o Abdul Aziz Rather R/o
Inder, Pulwama, a dully registered public
trust for becoming as party respondents
No.5 in the writ petition being OWP No.
158/2014 titled Mohan Lal Koul & Ors V/S
State of J&K & Ors for seeking just disposal
of the case.
MAY IT PLEASE YOUR LORDSHIP.
The applicant most respectfully submits as under: -
1. That aforetitled writ petition is pending disposal before this Hon’ble
Court in which next date of hearing is fixed on 04-05-2022.
2. That Applicant was impleaded as party/intervener in LPA
No.320/2011 titled Bansi Lal Bhat & Ors V/s State of J&K & Ors
dismissing the petition of the petitioner challenging acquisition
proceedings which was allowed in terms of DB Judgement passed
by the Division Bench of this Hon’ble Court in LPA No.320/2011
titled Bansi Lal Bhat & Ors V/s State of J&K & Ors on 13-08-2012.
3. That however the petitioners deliberately has not arrayed the
applicant as party respondent being fully aware that applicant’s trust
is interested in development of heritage site which is proposed by
the J&K Tourism Department to further develop, protect and
preserve it as heritage site which is famous for shrine of great sufi
saint Souch Kral.
4. That the applicant submits that he is necessary party to the case
and, therefore, need to be impleaded as respondent No.5. The
applicant submit that he be arrayed as respondent No.5, amongst
others, on the following grounds:-
a) That the applicant is a duly created "public trust”. It
was formally registered on 23.08.2011. Before that there existed a
Committee called “Souch Kral Tahfuz Committee, Inder”. Ever Since
the expiry of Great Sufi Saint, Souch Kral, the said Committee was
brought into existence to manage the affairs of the assets of the late
Sufi Saint. The people of the Valley have great faith in the mystic
qualities of the Great Sufi Saint and people come to the Village Inder
to pay their obeisance to the late Sufi Saint. In order to manage the
affairs, the said Committee took care of it for last several decades. In
fact the Sufi Saint had expired about more than 150 years back and
since then, in one form or the other local committees have existed to
take care of the "Astan (Saered Place of the Sufi Saint). There exists
public interest to administer the affairs associated with the Sufi Saint
assets, Astan ete. That at present the Trustees of the Souch Kral
Trust are:-
1. Muhammad Abdullah Rather S/O Abdul Aziz Rather R/O Inder,
Pulwama.
2. Ghulam Qadir Mir S/O Ghulam Muhammad Mir R/O Inder, Pulwama.
3. Abdul Wahab Mir S/O Ghulam Muhammad Mir R/O Inder Pulwama.
4. Javid Ahmad Malik S/O Abdul Rahman Malik R/O Tnder Pulwama.
5. Muhamnad Abdullah Mir S/O Abdul Rahim Mir R/O Inder Pulwama.
6. Mushtaq Ahmad Mir S/O Muhammad Shaban Mir R/O Inder
Pulwaima.
Copy of the trust deed is enclosed herewith and marked as
ANNEXURE-A1.
b) That besides the Astan of Sufi Saint there also exists other sites in
village Inder and as a policy decision through Tourism Department
the said village site and the monument was decided to be developed
as a heritage site. The Govt. through its policy decision decided to
acquire initially 17 kanals of land which was subsequently reduced.
The Applicant Trust is interested in over all development of village
inter and requesting the govt for its development and upkeep.
Needless to submit that the central place of attention is mausoleum
of Souch kral a sufi poet which is respected by all the people
irrespective of religion, caste and creed as the mystic poet Souch
Kral was revered as a saint by Hindu and Muslim alike.
c) That the land of the writ petitioners is next to the Astan. That the
Government on a consideration of the matter, decided to develop
the entire village inder, Pulwama as a "heritage site near Mausoleum
of Poet Souch Kral". In accordance with its own decision the
Government directed acquisition of the property through tourism
Department.So as to develop the village site of village Inder and for
its planned development and so as to develop, preserve and protect
the heritage site around the mausoleum of Souch Kral in a planned
manner as per policy of the Govt.
d) That accordingly Director tourism way back in the year 2007/2008
requested the Collector Land Acquisition to initiate process for
acquisition of land measuring 17 Kanals and 13 Marlas at Village
lnder comprised in survey numbers mentioned in the said
notification. The land, as per the revenue records belonged to the
writ petitioners and to some other persons.
e) That it appears to the applicant that while processing the case it was
felt that the Tourism Department did not have adequate funds tor
payment of compensation in respect of the entire land of 17 Kanals
and 13 Marlas. While the matter was being examined the Tourism
Department had also prepared a Detailed Project Report (DPR),
proposing to reduce the quantum of land to bear minimum in respect
whereof acquisition was completed, final award passed on 04-01-2014
and possession is taken over on 11-12-2013 and full compensation
paid to petitioners through relief commissioner.
f) That on consideration of the matter it appears that apart from the
financial constraints, the Project report prepared by the tourism
Department could be accommodated in terms of creation of intra
structure within 8 Kanals of land only. It appears that the Deputy
Commissioner, Pulwama addressed a communication to the
Commissioner Secretary to Government, Planning and Development
Department in February, 2010 wherein it was impressed upon the
Administrative Department to place funds at the disposal of the
Collector and also acquire, only 8 Kanals of land as against 17
Kanals and 13 Marlas. It is submitted that with the reduction of the
quantum of land to the bear minimum, the grievance of the some of
the land owner was also redressed, as after passing of final award in
2013, the acquisition proceeding stood completed. The writ petition
is filed in February 2014, when possession was already taken over
and land vested in state under section 16 of Land Acquisition Act.
g) That in response to the decision so taken, the Director Tourism
released the funds approximately Rs. 50.0 lacs at the disposal of the
Collector, Land Acquisition vide Order No: 132 -DT/K/Pln of 2010
dated 29.03.2010, The matter was also considered during the
District Development Board Meetings Pulwama.
h) That it appears that the official respondents in order to avoid any
prejudice to the original land owners and there also being a change
with regard to the extent of land required for the public purpose,
decided to issue a fresh notification involving only 8 Kanals and 01
Sersai of land. Accordingly a fresh notification came to be issued by
the Collector on 24.5.2011. This notification was followed by another
Notification dated 29.06.2011. Another Notification has also been
issued dated 14.07.2011.It is submitted that with the change of
accusation of land to bear minimum, the process of accusation was
started a fresh by the Collector who issue notification under section
4 of Land acquisition Act vide notification No.18/2012 dated 10-12-
2014 which was published in Govt. Gazette besides three local news
papers on 07-03-2013.The said notification was published in Daily
Excelsior on 02-03-2013, in Greater Kashmir on 28-02/2013 and
Daily Srinagar Times on 28-02-2013 besides govt gazette.
i) That Applicant’s trust is interested in the upkeep and maintenance of
heritage site and is interested in the acquisition of the land
measuring 8 kanals and 17 marlas including the portion of land of
the petitioners and seeking the impleadment for just disposal of the
aforesaid case as in the petitioner absence great prejudice shall be
caused to the entire project if the acquisition is quashed at this stage
when the final award has been passed on 04-01-2014, the tentative
award was passed on 30-10-2013 and possession was taken on
11-12-2013. After taking possession the land has been fenced on
spot.
j) That the possession of land since 2013 and compensation accepted
by the land owner through relief commissioner Jammu. Even
petitioners herein are seeking enhancement of compensation as has
been submitted by them in response to notification under section 9
and 9A of Land Accusation Act. Copy of the reply submitted by the
petitioners to the collector seeking enhancement of rate are
enclosed here with and marked as ANNEXURE-A2, A3 & A4
respectively. The petitioners herein have only a limited interest in 2
kanals and 6 marlas of land whereas the remaining land measuring
4 kanals and 11 marlas belonging to others land owners as
accepted the awards and final payment and are fully satisfied with
the accusation proceedings. Where acquisition proceeding is
accepted by the majority of land owners having interest in 4 kanals
and 7 marlas of land, the acquisition cannot be quashed on the
asking of the petitioners who have interested in 2 kanals and 6
marlas of land.
k) That petitioners can invoke the provision of section 18 of Land
acquisition Act which is the only alternative effective course. The writ
petition is not maintainable in view of the law settled by this court in
case titled Mst Hajra vs state and Ors.
5. That the applicants have a vested interest in the outcome/decision to
be delivered in the writ petition. Since a heritage site of village Inder
near Mausoleum of Poet Souch Kral is to be developed for which
purpose land is required and the applicants being a Trust entrusted
with the responsibility of managing the affairs of the Trust, are a
necessary party to the case and, therefore, submit that they be
impleaded as party respondent in the aforesaid writ petition.
An affidavit in support of the application is enclosed herewith.
IN THE PREMISES: -
It is accordingly prayed that Souch Kral Trust, Resident of Inder,
Pulwama, through its managing trustee, namely, Muhammad Abdullah
Rather S/o Abdul Aziz Rather R/o Inder Pulwama, being the Chairman of
the Trust, be arrayed as respondent No.5 for just disposal of the case.
Any other order or direction as the Hon’ble court may deem fit be
also passed in favour of the applicants.
APPLICANT
Muhammad Abdullah Rather
Mob:96825774911
Place:Jammu THROUGH COUNSEL
Dated:-
(H.A. SIDDIQUI)
ADVOCATE
SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email:- advocateshamas@gmail.com
IN THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AND LAKAKH
AT JAMMU.
CM. NO.______/2022
IN
OWP No.158/2014
Mohan Lal Koul & Ors V/S State of J&K & Ors
IN THE MATTER OF:- INDEX
S No. Particulars Page
No.
1. Application seeking impeadment as party
respondents
2. ANNEXURE-A1
(Copy of Trust Deed dated 23-08-2011)
3. ANNEXURE-A2
(Copy of the reply submitted by the petitioners to the Collector seeking
enhancement dated 03-10-2013)
4. ANNEXURE-A3
(Copy of the reply submitted by the petitioners to the
Collector seeking enhancement dated 27-12-2013)
5. ANNEXURE-A4
(Copy of the reply submitted by the petitioners to the
Collector seeking enhancement dated 31-12-2013)
6. Affidavit in support of Application.
7. Vakalatnama.
FILED BY: -
(H.A. SIDDIQUI)
ADVOCATE
SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email:- advocateshamas@gmail.com
IN THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AND LAKAKH
AT JAMMU.
CM. NO.______/2022
IN
OWP No.158/2014
Mohan Lal Koul & Ors V/S State of J&K & Ors
IN THE MATTER OF: -
AFFIDAVIT IN SUPPORT OF CM.
I, Muhammad Abdullah Rather S/o Abdul Aziz Rather R/o Inder
Pulwama, do hereby solemnly affirm and declare that the accompanying
M.P. has been read over and explained to me and the contents of the para
No. ___ to ___ of the CM. are true and correct as per my personal
knowledge and those of remaining paras ____ to ____ are based on legal
advice.
I solemnly swear/affirm that this affidavit is true, no part of this is
false and nothing has been concealed.
Place: - Jammu
Dated: -
DEPONENT
