RAM RAKHA Vs. KARNAIL SINGH

JUDGEMENT

(1.) THE petitioners have retained land as permitted under the J&K Big Landed Estates Abolition Act, Samvat -2007. He has retained 182 Kanals of land.

(2.) THAT there is another piece of land measuring 93 Kanals and 3 marlas. This is part of shamilat. The petitioners want to retain this land also. It is stated that this is un - culturable land and therefore is terms of the provisions contained in Section 4(2) of the above Act, they are entitled to retain the same.

(3.) AS Section 4(2) of the J&K Big Landed Estates Abolition Act, Samvat -2007 is required to be interpreted for facility of reference, this section is being reproduced below: - "(2) Extinction of the right of ownership under sub -section (1) shall not apply to : - (a) unit of land not exceeding 182 kanals including residential sites, Bedzars and Safedzars; (b) Kah -Krisham areas, Araks, Kaps and (sic) 1 -4 (such lands including those used for raising fuel or fodder, as are unculturable); and (c) orchards: Provided that the Government may dispose of the land mentioned in clause (b) in such manner as may be recommended by the Committee that shall be set up for this purpose." The further fact is that Section 4 (2) (b) was amended by Act XV of 2008. Before amendment, Clause (b) would read as under: - "(b) Kahi -Krisham areas, Araks, Kaps and (such lands including those used for raising fule or fodder, as are unculturable." The learned counsel appearing for the petitioner submits that as 93 kanals and 3 marlas of land are unculturable, therefore, they are entitled to retain such land.