JAMMU: In a PIL filed by JKNPP supremo Bhim Singh alleging transfer of 623 kanals and 10 marlas of forest land to the JDA for construction of a colony at Sidhra, Division Bench of High Court comprising Chief Justice N Paul Vasnthakumar and Justice Bansi Lal Bhat on Thursday disposed of the petition by quashing the decision taken by the Advisory Committee held on March 10, 1997 as also Government Order No. 242/FST of 1998 dated June, 10, 1998 in regard to transfer of land measuring 623 Kanals and 10 Marlas of forest land in village Sidhra, Tehsil Jammu in favour of JDA.
“OWP No.935/2004 is disposed of with direction to respondent No.5 to refund the amount of Rs 5 lakhs deposited by petitioner – Jammu Dental Charitable Trust with interest calculated at the rate of 6 per cent from the date of deposit unless the same has been refunded/withdrawn by the aforesaid petitioner”, the Bench ruled.
Division Bench, after hearing Advocates H C Jameria and Pranav Kohli for the petitioners whereas Senior AAG SS Nanda appearing for the state whereas Adv Adarsh Sharma appearing for the JDA, observed that the factual position emerging from the status report and the supplementary affidavits placed on record would indicate that out of 623 Kanals and 10 Marlas of forest land situated in village Sidhra, land measuring 517 Kanals 10 Marlas was transferred to JDA but in view of the emphatic stand taken by respondent Nos.1 and 2, it can be said without fear of contradiction that such order remained a paper order and was never acted upon.
“There is no controversy in regard to the remaining 106 kanals of forest land which continues to be in physical possession of Forest Department with a nursery maintained thereon. In view of the finding that the Forest Department did not handover actual physical possession of land measuring 623 kanals and 10 marlas of forest land to JDA, allotment to the extent of 200 kanals in favour of Batra Hospital and 100 kanals in favour of Ravish Trehan for establishment of Dental College out of such forest land cannot be countenanced”.
“The controversy, however, is still not set at rest as a very vital issue in regard to valid transfer of land measuring 623 kanals and 10 marlas of forest land in favour of JDA is questioned by the petitioner in PIL who has filed a supplementary affidavit stating therein that after going through the record produced by respondent No.3, it appears that only 3 out of 12 members had attended the Advisory Committee meeting held on March, 10, 1997 constituted under Rule 3 of Jammu and Kashmir Forest (Conservation and Afforestation) Rules 2000.”
Division Bench further observed that from perusal of record, it emerges that only FC planning, Additional Chief Secretary Forest and Principal Chief Conservator of Forests had attended the 12th Meeting of Advisory Committee held on March 10, 1997 whereas Corum for the meeting in terms of Rule (5) of the aforesaid Rules had to be six. It is manifestly clear that the decision taken in regard to transfer of land measuring 517 kanal 10 marlas out of land measuring 623 kanals and 10 marlas of forest land in favour of JDA lacked the requisite quorum and such transfer of land in favour of JDA cannot be termed to be based on a valid decision taken by the Competent Authority.
“In view of the foregoing, the instant PIL is disposed of by quashing the decision taken by the Advisory Committee held on March 10, 1997 as also Government Order No.242/FST of 1998 dated June, 10, 1998 in regard to transfer of land measuring 623 kanals and 10 marlas of forest land in village Sidhra, Tehsil Jammu in favour of JDA”.
“It is alleged that the State Government had passed a resolution asking the JDA to acquire land across Tawi River to construct a Muslim Migrants Colony. Land measuring 623 kanals and 10 marlas belonging to Forest Department came to be transferred in terms of Government Order dated June, 10, 1998. Respondent No.2, on April, 18, 2002 directed transfer of the aforesaid forest land to JDA by 30th April, 2002. Chief Secretary sent a D.O. letter dated May, 23, 2002 directing territorial DFO Jammu to immediately handover the said forest land to JDA Jammu who, in turn, directed his subordinates to handover the said land by June 30, 2002 positively”.
“It is alleged that around one million people of Jammu would have to suffer the consequences in the shape of destruction of forests and greenery around the city. Instances in the past involving destruction of forest area in Trikuta Nagar, Bagh-e-Bahu, Gandhi Nagar have been cited in this regard to show and demonstrate plunder of forests and damage done to ecology by deforestation, more so, as afforestation had been taken up with the aid of World Bank”.
“It is contended that there is no nexus between the impugned order and the object sought to be achieved; that this is a colourable exercise of power hard hitting the interests of people of Jammu and resulting in destruction of environment by act of State as more than 15000 trees and forest nursery would stand demolished and also result in breach of order of Apex Court prohibiting destruction of forest trees from forest land. The impugned orders are alleged to be emanating from malafides issued with ulterior motives, discriminatory and in violation of the rules and procedure that was required to be adopted in such a case. The petitioner seeks quashment of the impugned order with direction to respondents to stop transfer of forest land to JDA and further direct the respondents to cancel all previous transfers of forest land to JDA or individuals”.