HC Strikes Down Govt Bar: Landowners Free to Alienate Land Without Permission

Jammu, Sept 11: In a landmark judgment, the High Court of J&K and Ladakh has ruled that landowners who acquired property under Government Order No. S-432 of 1966 cannot be compelled to seek prior Government permission before alienating their land. The court directed the Union Territory administration to furnish Fard Intekhab (revenue extracts) to the petitioners, enabling them to transact their landholdings freely.

The Case and Petitioners

The verdict, delivered by Justice Sanjay Dhar, disposed of three connected writ petitions filed by Mohan Lal Angral, Karan Singh, and Ram Parshad, landowners from Samba and Kathua districts. They had approached the court after revenue authorities declined to issue extracts citing the restrictive clause of the 1966 Government order.

The petitioners were represented by Senior Advocate Aseem Kumar Sawhney with Advocates Kashif Malik and Bhavesh Bhushan. The Government side was represented by Monika Kohli, Senior Additional Advocate General.

Arguments in Court

The petitioners argued that once proprietary rights were granted in 1966, they became absolute owners of the land and could not be restricted from alienation. They cited earlier rulings including Mohammad Akbar Shah vs State (AIR 2017 J&K 14) and Angrez Singh vs UT of J&K (AIR 2023 J&K 533).

The Government contended that the condition of prior permission for alienation remained binding and hence revenue extracts could not be issued without such approval.

Court’s Observations

Justice Dhar, after reviewing records and precedents, ruled that the issue was no longer res integra. He observed that the clause requiring Government permission had become obsolete after ownership was conferred. The 1966 restriction was initially meant to safeguard agriculture, but with changes in the economy and law, its relevance had ended.

The court noted that the Mohammad Akbar Shah ruling had already settled the matter, placing such land under the Transfer of Property Act and Agrarian Reforms Act instead of outdated clauses of the 1966 order. Importantly, the Government had neither challenged these judgments nor secured a stay, despite repeatedly raising objections in similar cases.

Final Verdict

Rejecting the Government’s plea to delay proceedings, the court stated:

“It is not open to the respondents to refuse issuance of revenue extract in respect of land owned and possessed by the petitioners on the ground that the same has been acquired by them in terms of Government Order No. S-432 of 1966.”

Accordingly, the petitions were allowed and the authorities directed to provide the required revenue extracts, enabling the petitioners to proceed with transactions of their land.

---

Source: Daily Excelsior (Read Original)

Labels: J&K High Court, Land Rights, Government Order 1966, Property Law

Tags: #HighCourt #LandRights #JKLadakh #PropertyLaw #DailyExcelsior

Disclaimer: This article is a rewritten summary based on reporting by Daily Excelsior. Jammu News Portal does not assume responsibility for the accuracy of external content.