STATE TIMES NEWS
JAMMU: In a significant direction to Chief Vigilance Commissioner, the Division Bench of Jammu and Kashmir High Court on Wednesday asked the Chief Vigilance Commissioner to complete the process of examining the matter pertaining to politico-bureaucratic nexus in the alleged land grabbing for according sanction to launch prosecution against the in-service public servant.
The direction came in the much publicised case pertaining to multi-crore Roshni Land Scam, in which an application has been filed seeking CBI investigation.
The Division Bench, comprising Chief Justice M.M Kumar and Justice Tashi Rabstan, observed that the needful shall be done within a period of two weeks from Wednesday and if the needful is not done, then the personal explanation of the Chief Vigilance Commissioner (CVC) shall be filed, detailing the reasons for not completing the process within the time given. The matter shall be considered after the papers are sent for according sanction to launch prosecution against the in-service public servants.
On Wednesday when PIL came-up for hearing, Division Bench observed that in response to order dated 12th November, 2014 passed by this Court, a status report has been filed, disclosing the registration of five FIRs against the violators of law, namely FIR Nos. 15/2014, 16/2014, 17/2014, 18/2014, 19/2014 and 20/2014 of Police Station Vigilance Organisation Jammu (VOJ). It has also been stated in the report that before sending the matter for according sanction to launch prosecution against the in-service public servants, the final report along with CD file is required to be submitted to the Vigilance Commission under Rule 24 (1) of Jammu and Kashmir State Vigilance Commission Rules 2013.
Accordingly, aforesaid FIRs along with other material have been sent to the Chief Vigilance Commissioner. In respect of case FIR No. 6/2014, Police Station VOJ, it has been stated that the same shall also be sent to the SVC within a period of one week.
Upon this Bench observed that in view of the report already sent to the Chief Vigilance Commissioner (CVC), we direct him to complete the process of examining the matter for according sanction to launch prosecution against the in-service public servants. The needful shall be done within a period of two weeks from today. If the needful is not done, then the personal explanation of the CVC shall be filed, detailing the reasons for not completing the process within the time given. The matter shall be considered after the papers are sent for according sanction to launch prosecution against the in-service public servants.
Advocate S.S Ahmed, appearing for the petitioner has also submitted that three SITs were constituted and FIRs have been registered only in respect of six cases. What is the status of other cases has not been disclosed, whereas 547 cases were pointed out by the audit in six districts, upon this Division Bench directed Vigilance Commissioner to file the status report with regard to all those cases before the next date of hearing.
In another application, Division Bench after hearing Advocate R.S Jamwal observed that, a public spirited citizen has brought to the forefront the whole-sale encroachments on public land measuring 114 Kanals 17 Marlas comprised in Khasra No.1184 min of village Paloura, Jammu.
The land was transferred to JDA by the Nazool Department vide Order No. Rev (NDJ) 46 of 1973. The JDA was not able to ensure the avoidance of encroachment on the aforesaid land, as a result the land was encroached upon. As per the affidavit filed by Shushma Chauhan, Vice-Chairperson, JDA, it has been conceded that 538 families have illegally encroached upon the JDA land by way of raising pucca structures and the construction had been raised ‘since long’. It has also been highlighted that on the verbal directions of the Administrative Department from time to time, that there is a proposal for regularization of ten colonies which are inhabited by the unauthorized occupants keeping in view the long period of their encroachment. A detailed survey report of Revenue Wing and Town Planning Wing has been formulated for regularization of these colonies.
Upon this Division Bench observed that the concept of regularising the un-authorised colonies is taking a new meaning at the hands of JDA and State Government. The concept of unauthorised colonies as is popularly known is that a contractor would purchase land in non-conforming area and builds colonies without obtaining any sanction from the authorities with regard to the change of land use and for raising construction of huge colony. Such a colony may be in violation of Master Plan and many other municipal laws. The common feature in such cases is that the land belongs to the contractor which is sold to an occupant who raises construction or the construction is raised by the contractor himself. It has never been seen that there could be illegal construction on the public land and then such a case be taken up for regularization. Therefore, the taxpayers’ money cannot be gifted by simply regularising the construction raised on public land, unless there is a detailed scheme with regard to reimbursement of land price to be fixed by taking into consideration various factors in respect of the land underneath construction. Any scheme for regularization has to include the aforesaid feature failing which the law will catch up with such encroachers, who have the audacity to raise construction on the public land.
It has been observed by Division Bench that any construction raised on public
