Kashmir Impulse Desk

Srinagar, April 22 

The Jammu and Kashmir and Ladakh High Court has set aside an eviction order issued by cantonment authorities in a land dispute in Sonwar, ruling that contested ownership claims cannot be decided through summary proceedings.

A bench led by M A Chowdhary quashed the August 8, 2022 order passed by the Estates Officer of the Cantonment Board Badami Bagh, allowing a petition filed by four residents.

The petitioners had challenged eviction proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, asserting ownership and long-standing possession of land in the Bonamsar area of Sonwar.

They relied on revenue records, mutations and a civil court decree to support their claim, including a registered sale deed dating back to 1971.

The Union of India and cantonment authorities argued that the land formed part of defence property recorded as B-4 land in the General Land Register (GLR), alleging the petitioners were unauthorised occupants.

The court said both sides had raised competing claims, creating a bona fide dispute over title that could not be resolved through summary eviction proceedings.

“Summary eviction proceedings cannot be used where title is seriously disputed,” the court said, adding that authorities must establish ownership through a competent civil court before taking such action.

The bench also held that a registered sale deed carries a strong presumption of validity, placing the burden of proof on those challenging it.

On the evidentiary value of the GLR, the court said such records do not carry probative value if prepared without giving affected parties an opportunity to be heard.

“Where a record is prepared by a public servant… and persons have no opportunity to object, such record does not carry any probative value,” the court said.

It said that principles of natural justice must be followed in preparing documents that could affect private rights, and only records prepared after due notice and hearing can be treated as reliable under the Indian Evidence Act.

The ruling underscores that eviction under the 1971 Act can only be pursued against clear cases of unauthorised occupation and not where ownership remains under dispute.