HC bans exchange of proprietary land for encroached ‘kahcharai’

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Srinagar: The High Court of Jammu and Kashmir and Ladakh Tuesday prohibited the exchange of proprietary land for encroached kahcharai land.

“The exchange of proprietary land for encroached kahcharai land is not permissible now and the Deputy Commissioner concerned has no power to accept any such offer,” said the High Court of Jammu & Kashmir and Ladakh on Tuesday.

Justice Sanjay Dhar ruled in a plea seeking to exchange proprietary land for khacharai land that “the claim of the petitioner for grant of sanction to exchange proprietary land in lieu of kahcharai land is no longer permissible under law” due to changes in Section 133(2) of the Land Revenue Act.

The court noted that the petitioner had not provided any legal basis or statutory framework for the exchange and could not seek a Writ of Mandamus against the respondents.

“Even if there is any such policy for protecting the rights of small landholders who are in possession of kahcharai land, it shall be open to the respondents to deal with the case of the petitioner in accordance with such policy,” the bench added.

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