Serial No. 39 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1160/2024 CM(3186/2024) JAWAD HUSSAIN RESHI AND ORS. (SENIOR CITIZEN) …Appellant(s)/Petitioner(s) Through: Petitioner No. 1 present in person. Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Nadiya Abdullah, AC CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 18.08.2025 ORAL: 1. By this petition, petitioners herein are aggrieved of the notice-cum- eviction order No. TP/OQ/24/209-13 dated 27.05.2024, issued by Tehsildar Pahalgam, purportedly issued in compliance report to the order dated 06.03.2024, passed by the J&K Special Tribunal Srinagar in appeal tilted Jawad Hussain Reshi & Ors Vs BOCA PDA Pahalgam and another, read with letter dated 18.05.2024. Factual Matrix: 2. Petitioners herein are owners of land measuring 28 Kanals 3 Marlas, comprising of Khasra No’s 782 (4 Kanal 6 Marlas), 783 (9 Kanals 15 Marlas), 784 (11 Kanals 1 Marla), 787 (2 Kanals 11 Marlas) and 784/1095 (10 Marlas) situated at Athnaradan, Laripora, Pahalgam. The petitioners have constructed one two-bed room single storey tin roofed hut over the aforesaid land, decades back and a store shed on it before the area was notified by the Government vide SRO 190 dated 19.05.1959 in the master plan PDA Pahalgam. 3. The land in question, as and when it was purchased by the petitioners from the erstwhile owners was nearly a barren piece of land but the petitioners have planted scores of Deodar, Pine and other trees on it, and left the proposed construction sites free from any such plantation on the spot. 4. Petitioners intent to raise as many as 8 double bed room double storey huts and one double storey hut with four double bed rooms and a common reception cum restaurant in the ground floor, as such application was submitted before BOCA PDA Pahalgam for grant of permission along with the NOCs obtained from various departments as required by PDA on 05.02.2018. 5. The application was accordingly forwarded by the PDA to CTP Kashmir. The building plan was revised for grant of permission in the Phase-I and was submitted for grant of permission for construction of five double storey four double bedroom huts with a common reception cum restaurant. 6. The application was placed before the 13th BOCA (PDA) meeting on 06.10.2022, at agenda point No. 118, however, the application of the petitioner was not considered on account of the objection being raised by DFO Liddar Division that the site of the petitioners, where petitioners claim to raise construction comes within the forest and that they have encroached upon the forest land. 7. The petitioners preferred an appeal against the objection raised by DFO Liddar Division before the learned Special Tribunal J&K Srinagar, on the ground that the building permission as sought is required for raising construction on their proprietary land measuring 28 Kanals 3 Marlas and not on any forest land. 8. The learned Special Tribunal J&K Srinagar disposed of the appeal filed by the petitioners on 16.03.2024, thereby directing Deputy Commissioner Anantnag to form a committee of concerned revenue and forest officers headed by ACR or DFO to demarcate the forest and revenue land on the spot, the enquiry team shall submit the report within a period of four weeks and subsequently on the outcome of the enquiry report, the PDA shall consider the enquiry report and accordingly allow the petitioner to construct building on the land free from encumbrances belonging to the petitioners in accordance with the JK Unified Building Byelaws 2021 and the Pahalgam Master Plan 2032. 9. The order of the learned Special Tribunal J&K Srinagar was duly conveyed to the respondents and as such the committee of officers came to be constituted by the Deputy Commissioner Anantnag headed by ACR and DFO concerned for demarcation of the said land vide order dated 08.04.2024, to ascertain whether the applicants are proposing to raise construction on their own land or on forest land. 10. On demarcation by the said team of officers, purportedly it has been found that the petitioners are in actual physical possession of some excess land on the spot, over and above their proprietary land measuring 28 Kanals 3 Marlas. However, impugned show cause notice was issued to the petitioner on 22.05.2024, by Tehsildar Pahalgam, which has been challenged by the petitioners on the ground that the same has been issued without jurisdiction and no opportunity of being heard has been provided to the petitioners. 11. Per contra, reply stands filed by the respondents 1, 3, 5, 7 and 8, wherein it is stated that in compliance to the order passed by the learned Special Tribunal J&K Srinagar dated 06.05.2024 (SIC- the date of the order is not legible), a team of officers was constituted headed by ACR Anantnag on 08.04.2024, to conduct an in-depth enquiry regarding the demarcation of the disputed land to delineate out the revenue and forest land in question. Accordingly, team visited the spot and after thorough exercise of manual and ETS demarcation by the team of forest and revenue officials and perusal of the revenue records on spot submitted a detailed tabulated report revealing that, the petitioners are in possession of 36 Kanals 4 Marlas 3 Sirsai of total land including 11 Kanals 11 Marlas Shaimlat land and 7 Kanals 6 Marlas forest land. 12. The respondents 2, 6 and 9 have also filed reply stating that the petitioners are in possession of land measuring 8 Kanals 1 Marla and 3 Sirsai of forest land, out of which land measuring 15 Marlas 03 Sirsai is proprietary in nature but recorded in the name of some other persons other than petitioners herein and the remaining land measuring 7 Kanals 6 Marlas is forest land. 13. The Chief Executive Officer PDA Pahalgam, in his reply has also augmented the reply filed by other respondents. 14. Heard learned counsel for the parties and perused the material on record. 15. Mr J.H. Reshi, who has appeared in person, has stated that the petitioners would feel satisfied if this petition is disposed of with the direction to the respondents to consider the application for raising construction exclusively on the proprietary land of the petitioners, strictly in terms of the report submitted by the respondents. 16. Ms. Nadiya Abdullah, learned Assisting Counsel vice Mr. Mohsin Qadri, learned Sr. AAG is not averse to the preposition being made by Mr. J.H. Reshi. 17. In view of the above, petition is disposed of with the direction to the respondents to consider the application of the petitioners for raising construction on the proprietary land of the petitioners, strictly in terms of the report submitted by the revenue and forest authorities, and the order passed by the learned Special Tribunal J&K Srinagar, within a period of two months from the date of passing of this order. 18. However, petitioners are entitled to safeguard their interests, if any, and respondents are at liberty to proceed against the petitioners with respect to the encroachment of forest land in accordance with law. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 18.08.2025 “Adil Ismail”