- (1.) BY means of this petition, the petitioners have challenged the validity of Government Order No. Rev (LAK) 418 of 1980 dated 28 -10 -1980. The order reads as under: "It is ordered that the compensation of Kahcharai land when acquired shall be payable to the concerned panchayat in whose jurisdiction the land falls. By order of the Govt, of Jammu and Kashmir, Sd/ - Secretary to Govt.
(2.) IN pursuance of Allan No. 2 of 1984 (Bk) certain waste lands were ear -marked for grazing purposes for the benefit of village community as a whole. By virtue of Section 46 of village Panchayat Act, 1958 it is provided that any property or income which by custom belongs to or has been administered for the benefit of, the villagers in common, or the holders in common of village land general or of lands of a particular description or of lands under a particular source of irrigation shall vest in the panchayat and be administered by it for the benefit of the villagers or holders aforesaid. On its terms, this section attracts kahcharai land within its ambit. In the circumstances any compensation received for kahcharai land would naturally become the property of the Panchayat concerned. The impugned Govt order is intended to clarify the legislative intent of Section 46. In that view the order is perfectly valid. There is no merit in this petition. It is dismissed accordingly. ;