COMMERCIAL COMPLEX ON FOREST LAND; HC issues notice to BJP Minister; seeks land demarcation within 10 days

STATE TIMES NEWS
JAMMU: A Division Bench of Jammu and Kashmir High Court, comprising Justice Dhiraj Singh Thakur and Justice B.S. Walia, on Tuesday issued notice to BJP’s Cabinet Minister Abdul Gani Kohli, asking him to clarify his position with regard to the allegation grabbing of 10 Kanals of forest land under Khasra number 356 at Nowabad Sunjwan Jammu, as mentioned in the Public Interest Litigation (PIL) filed by Advocate Ankur Sharma. STATE TIMES in its edition dated June 1st, 2015 had exclusively exposed the land grabbing case under caption “BJP minister owns ’empire’ on forest land.”
Compounding miseries of Kohli, the Division Bench has expressed displeasure over non-cooperation extended by Deputy Commissioner Jammu to the Vigilance Organisation which is probing the complaint lodged by Ankur Sharma, highlighting encroachment of 10 Kanals Forest Land by the Minister at Nowabad Sunjwan. In its status report, Vigilance Organisation has contended that as per the documents verified by DFO demarcation, said land belongs to Forest Department and Kohli and his family members have raised on it huge properties including a B.Ed College, ETT College, B.N. Para Medical School, B.N. Public School, ATM and a Branch of J&K Bank.
Vigilance Organisation has lamented that DC Jammu was not cooperating with DFO Demarcation in carrying out demarcation of the land. The DB thereupon directed DC Jammu to fully cooperate with DFO Demarcation and complete the demarcation of the said land within 10 days. Significantly, Kohli’s daughter Rifat Kohli is posted as Additional DC Jammu. The DB has asked the Government of Jammu and Kashmir to explain on the next date of hearing as to what action had been initiate over the Status Report filed by Vigilance Organisation.
According to unconfirmed reports, Forest Minister Ch Lal Singh, who also belongs to BJP, has sent “go slow” signal to Forest and Revenue departments with regard to demarcation and eviction of unauthorised structures of fellow Minister on the said land. Singh is himself allegedly facing serious charges of land grabbing in Kathua district.
This is first setback to the credibility of Mehbooba Mufti’s coalition government as it has repeatedly committed to provide good governance and clean administration. The petitioner Advocate Anksuh Sharma submitted in the open court that Deputy Commissioner Jammu was shielding the high profile Minister and there appears to be some pressure on him, as more than 10 months have elapsed but the demarcation has not been finalised.
When this much publicised Public Interest Litigation came up for hearing, the petitioner Ankur Sharma, appearing in person, drew the attention of the Division Bench to the detailed Status Report already filed by State Vigilance Organization wherein it has been disclosed that as per the records submitted by Divisional Forest Officer, Demarcation Division No.1 Jammu, vide his letter No.238-40/DMR dated August, 7, 2015, Khasra No.356 comprises Compartment Nos.1, 3, 5 of Bahu Range as per record available is forest land. The Status Report further highlighted that the records have been duly scrutinised by Naib-Tehsildar, Girdawar and Range Officer and the total land evaluated of these compartments is 1540 Kanals and 07 Marlas. According to the report, the enquiry conducted so far has established that the institutions were being owned and managed by the family members of Abdul Gani Kohli and the building complex has been raised on Khasra No.356 of Village Nowabad Sunjwan which as per the records submitted by the owners to the various authorities and as per the report of the Forest Department i.e. DFO Demarcation, Khasra No.356 is forest land thereby substantiating the basic allegation of the whistleblower.
Ankur Sharma highlighted that the SVO took up the matter with Deputy Commissioner Jammu vide letter No.SSP/2015/HLP/3171/VOJ dated July, 20, 2015 for the demarcation of land but he has so far failed to extend cooperation with the State Vigilance Organization. Ankur Sharma also referred to the Judgment of the Apex Court titled Lalita Kumari V/s State of U P & Ors wherein the Apex Court has directed that a preliminary enquiry in a corruption case should not exceed 15 days. He further argued that the petitioner lodged the complaint with the SVO on June, 16, 2015 but due to non-cooperation by Deputy Commissioner Jammu the whole enquiry has come to a standstill and time bound schedule is required to be fixed so that the enquiry gets finalised and all those involved be dealt under law.
At this stage the Division Bench, headed by Justice Dhiraj Singh Thakur, expressed displeasure and observed that it appears that some of the functionaries of the Government including Deputy Commissioner Jammu are not cooperating for purpose of demarcation. The Division Bench accordingly directed Deputy Commissioner Jammu to render all possible assistance with a view to enable the Vigilance Organization to do the needful. Considering the importance of the issue, the Division Bench directed that all proceedings with regard to the demarcation of the land will be completed within 10 days from today.
The petitioner Ankur Sharma further submitted that all out attempt is being made to shield/protect the high profile encroacher as the Status Report filed by SVO has clearly revealed that a huge educational complex has come up on forest land and the Government is completely unmoved in view of the political clout enjoyed by the Cabinet Minister. The petitioner strenuously argued that immediate directions be issued for removal of the encroachment and also for the registration of FIR against the sitting Cabinet Minister and all those who facilitated the encroachment of forest land. The petitioner further stated that the Apex Court has taken serious view of the encroachments on Forest Land and even exemplary costs have been imposed on the violators. At this stage, the Division Bench observed that from the records it appears that Abdul Gani Kohli has never been served and in the first instance notices were issued to the State Vigilance Organization. The Division Bench looking into the seriousness of the matter directed the Registry to issue notice to Abdul Gani Kohli for which fresh particulars have already been provided by the petitioner who was present in person.