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Judgment
The contentions raised by the counsel for the petitioner in the instant petition are that the petitioners and their families are owner in' possession of the land comprising of Survey Nos. 596 to 608, 611, 612, 616,626 and 709 situated in village Malti, Tehsil Billawar District Kathua. A spring (Bowly) is situated in Shamlaat Deh land comprising of survey No. 894 Min situated in the village Malti and is adjoining to the land of the petitioners. The said spring is the only source of water feeding the petitioners along with about 25 local families catering all their water related needs which include drinking, cooking, irrigation and various other day to day requirements and there is no alternative sources of water available to the petitioners.
Respondent no. 6 is a retired employee of Public Health Engineering Department along with the other private respondents is using his influence and clout to forcibly construct a water tank on the aforesaid spring and are trying to dig the land of the petitioners to lay water pipe to facilitate the water connection to their respective houses. It is further submitted that although the private respondents have already installed hand-pumps and water connections in their houses from Public Health Engineering Department whereas petitioners and other 25 families have no other source of water except the aforesaid spring, yet the respondents are trying to encroach upon the land owned and possessed by the petitioners on the instance of the private respondents for illegally laying down the pipeline for providing water connections to the houses of private respondents.
Further contentions raised by the counsel for the petitioner is that the petitioners have represented to respondent No. 3 with respect to the attempt to construct a water tank forcibly over the spring and filed a complaint against the private respondents. However, no action has been taken. On 16th September, 2018, some persons, posing as representatives on behalf of Respondent No 4, entered into the land belonging to the petitioners and started cutting trees and plants and started digging without any order or direction from the competent person. The petitioners most humbly state that no part of the land of the petitioners has been acquired by the respondents for carrying out the activity of the digging to lay the pipe by the respondents. In case the respondents are allow to dig the land of the petitioners in order to lay down the pipe, the land digging by the respondents for the purpose of laying the pipeline shall be rendered useless for the agriculture or any other purpose. Hence present petition has been filed for grant of following relief(s):
Prohibiting the respondents 1-5 from forcibly taking possession of the land belonging to the petitioners and their family and/or carrying out any digging, construction or any other activity in the said land without adopting due process of law.
Mandamus commanding the respondents 1-5 to strictly adhere to the provisions of Law related to acquisition of land owned and possessed by the petitioners but not limited to provisions of J&K Land Acquisition Act in case, they wish to carry out any activity in the land owned and possessed by the petitioners Or any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
Heard and considered.
Mr. Vishal Bharti, Deputy Advocate General has put in appearance on behalf of the respondents.
During the course of arguments counsel for the petitioners submitted that petitioners would be satisfied in case the respondents are directed to consider their representation filed by them which is pending consideration before the respondents and pass some speaking order within the stipulated time to which counsel for the respondents offered No objection.
In view of the above, the instant petition is disposed of directing the respondents/concerned authority (especially respondent No.2) to consider the representation filed by the petitioners with respect to its grievance as per law governing the field and pass a speaking order within a period of four weeks after the date copy of this order is made available to them. The appropriate order so passed shall be conveyed to the petitioners as well.
It is hereby directed that till such consideration order is passed by the concerned department, the State respondents shall not lay down the pipes in the land of petitioners without properly acquiring the land for the said purpose.
Disposed of as above.