STATE TIMES NEWS
JAMMU: In the much publicized Public Interest Litigation (PIL) filed by Prof. S.K. Bhalla highlighting the alleged hushing up of Chatta Sunjwan Land Scam a Division Bench of the State High Court comprising Chief Justice N.Paul Vasanthakumar and Justice Dhiraj Singh Thakur directed Commissioner/Secretary to Govt. of J&K Revenue Department to file his affidavit by or before 26th April, 2016 indicating the present status of the enquiry ordered vide Govt. Order No.44-Rev(S) of 2016 dated April, 1, 2016 whereby Regional Director Settlement and Survey Jammu was appointed as Enquiry Officer to fix the responsibility and identify the officers/officials who have tempered the revenue records of Village Sunjwan, Jammu as pointed out by the then Divisional Commissioner Jammu/Enquiry Officer Shantmanu (IAS) in his Enquiry Report. The Division Bench also directed the Crime Branch Jammu to file the updated status of the ongoing verification before the next date of hearing.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Suraj Singh and Rahul Raina appearing for the petitioner Prof. S.K. Bhalla, Senior AAGs S.S. Nanda and Seema Shekhar Khajooria appearing for Revenue and Crime Branch Jammu, Senior Advocate L.K. Sharma with Advocate Guru Partap Singh appearing for M/s SRK Associates and Senior Advocate M.A. Goni with Advocate Ajay Singh Kotwal the Division Bench after expressing its displeasure over the slow progress in the enquiry directed Senior AAG S.S. Nanda appearing for Commissioner/Secretary Revenue to file the personal affidavit of Revenue Secretary to indicate the latest progress of the enquiry already ordered by the State Government.
When this matter came up for consideration today Advocate S.S. Ahmed appearing for the petitioner drew the attention of the Division Bench to the last order passed by the Division Bench on March, 28, 2016 whereby the Division Bench had sought the Action Taken Report from Secretary Revenue and also the latest status of Crime Branch probe.
Advocate Ahmed submitted that Commissioner/Secretary Revenue has filed two status reports wherein it is disclosed that vide Govt. Order No.44-Rev (S) of 2016 dated April, 1, 2016 the Secretary to Govt. Revenue Department appointed Regional Director Settlement and Survey Jammu as Enquiry Officer to fix the responsibility and identify the officers/officials who have tempered the revenue records of Village Sunjwan. Advocate Ahmed further submitted that according to the said order the enquiry officer had to submit its report/findings within a period of 15 days. He further submitted that till date the Revenue Department has not informed the enquiry officer about the said order and the enquiry has not commenced so far. He further submitted that all out effort is to delay the matter and shield the erring revenue officials. He also invited the attention of the Court towards another order bearing No.Rev/S/167/2011-Part dated April, 1, 2016 whereby Revenue Department asked Divisional Commissioner Jammu to examine and advice on the issues in order to ascertain the quantum of land if any held by M/s SRK Associates in the State at the time of acquiring of the land measuring 724 Kanals in Village Sunjwan, Tehsil Bahu District Jammu and also whether or not land measuring 12 Kanals and 16 Marlas having been recorded as pathways, talab, chhapri etc form part of the main proprietary holdings of the alinors (owners) or otherwise.
At this stage the Division Bench put a specific query to Senior AAG S.S. Nanda as to what is the present status of both the enquiries and as to whether the enquiries have been completed or not. The Senior AAG however sought two weeks time to respond to the query made by the Division Bench. Upon this the Division Bench in the open court expressed its displeasure and deferred the matter till April, 26, 2016 by directing the Secretary Revenue to file the affidavit indicating the progress in the enquiry.
Senior Advocate L.K. Sharma with Advocate Guru Partap Singh sought the closure of the PIL and strenuously argued that media trial is going on and M/s SRK Associates has been sandwiched between the petitioner and the State respondents. Senior Counsel further submitted that the land in question is a proprietary land and not the State land.
Senior Advocate M.A. Goni with Advocates Rahul Pant and Ajay Singh Kotwal appearing for newly impleaded Revenue Officers/ Officials sought detailed hearing in the matter and submitted that he has filed a detailed counter affidavit in the matter which needs consideration of the court. Senior Advocate Goni further submitted that matter is getting publicity in the media which is damaging the reputation of the concerned revenue officers/officials. He sought the closure of the PIL.
After hearing both the sides at length the Division Bench comprising Chief Justice N.Paul Vasanthakumar and Justice Dhiraj Singh Thakur directed Commissioner/Secretary to Govt. of J&K Revenue Department to file his affidavit by or before 26th April, 2016 indicating the present status of the enquiry ordered vide Govt. Order No.44-Rev(S) of 2016 dated April, 1, 2016 whereby Regional Director Settlement and Survey Jammu was appointed as Enquiry Officer to fix the responsibility and identify the officers/officials who have tempered the revenue records of Village Sunjwan, Jammu as pointed out by the then Divisional Commissioner Jammu/Enquiry Officer Shantmanu (IAS) in his Enquiry Report. The Division Bench also directed the Crime Branch Jammu to file the updated status of the ongoing verification before the next date of hearing.