STATE TIMES NEWS
JAMMU: In the much publicised Public Interest Litigation (PIL) highlighting alleged hushing up of Chatta Sunjwan land scam, a Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice B.S. Walia in a significant order has directed the Crime Branch (CB), Jammu to submit the fresh status report of the inquiry entrusted by the General Administration Department (GAD) on the basis of the findings recorded by the then Divisional Commissioner, Jammu Shantmanu (IAS) who in his inquiry report established tampering of revenue records with regard to 20 Kanals of State Land falling in Khasra No.1442 situated at Village Sunjwan, District Jammu.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Suraj Singh appearing for the petitioner whereas Senior AAG S.S. Nanda appearing for Revenue Department, Senior AAG Seema Shekhar appearing for Crime Branch Jammu, Senior Advocate L.K. Sharma with Advocate G.P. Singh appearing for SRK Associates, Senior Advocate M.A. Goni with Advocate Ahtsham Bhat appearing for newly impleaded revenue officials and Advocate Adarsh Sharma appearing for Jammu Development Authority, Division Bench also directed the Financial Commissioner (Revenue) to submit the status of the Departmental Proceedings initiated against two officers namely Mohd. Iqbal Zargar the then Patwari Halqa Sunjwan presently Naib-Tehsildar Thathri and Mohan Singh Patwari then posted in Sunjwan area.
Division Bench granted four weeks time to the Crime Branch Jammu as well as to the Financial Commissioner (Revenue) to submit the fresh status report in regard to the stage and the status of the investigation as also the outcome of the departmental inquiry initiated against the aforementioned two officers of the Revenue Department.
When this PIL came up for hearing Advocate Sheikh Shakeel Ahmed drew the attention of the Division Bench towards the two status reports filed by Commissioner/Secretary to Govt. Revenue Department wherein it was divulged that the Regional Director Survey/Director Land Records, Jammu has identified the revenue officers/officials who issued the Fard-e-Intikhab of the land which was infact a state land but was sold after tampering the revenue records and showing the same as proprietary land. The status report further said that for really identifying the officials involved in tampering of the revenue record the criminal investigation is required and the Crime Branch Jammu is already seized of the matter and only a scientific investigation can unearth the fraud done with the revenue records. The status report further said that on the recommendations of the Director Land Records the Revenue Department requested the Financial Commissioner (Revenue) to charge sheet two officers namely Mohd. Iqbal Zargar the then Patwari presently Naib-Tehsildar Thathri and Mohan Singh the then Patwari.
Advocate Ahmed also referred from the status report that based upon the inputs received from Deputy Commissioners of Jammu Province the Divisional Commissioner, Jammu has reported that M/s SRK Associates are not having excess land than the ceiling prescribed under law.
Senior Advocate L.K. Sharma appearing for SRK Associates vehemently argued that the present PIL is required to be closed as the builder is being put to unnecessarily loss as the JDA is not allowing SRK Associates to raise the residential colony in view of the permission granted in their favour by the Building Operation Controlling Authority of JDA. Senior Counsel further argued that the dispute is only with regard to 20 Kanals of land as projected in the report of Shantmanu (IAS) the then Divisional Commissioner, Jammu and the JDA for no valid reasons is stopping the builder to utilize 724 Kanals of land.
At this stage Advocate S.S. Ahmed while resisting the arguments of Senior Advocate L.K. Sharma submitted that the senior counsel is suppressing certain vital facts as the BOCA of JDA never granted permission to SRK Associates as out of 7 Members, the 5 Members of BOCA resiled from the alleged permission and complained to the State Government that no such building permission had been approved and the then Vice-Chairman had arbitrarily issued the building permission when other members had raised certain queries with regard to the title of the land. Advocate Ahmed further submitted that the Housing and Urban Development Department took up the matter with then Advocate General and after getting advice directed the Vice-Chairman JDA to keep the building permission of SRK Associates in abeyance.
Senior Advocate M.A. Goni with Advocate Ahtsham Bhat appearing for newly impleaded revenue officials sought dismissal of the PIL on the ground that they have never been heard at any stage although they have filed detailed counter affidavits in the PIL. Senior Advocate M.A. Goni strenuously argued that his clients are being harassed in view of the continuous reporting of the matter in the media when his clients are innocent and are not involved in tempering of revenue records.
After considering the submissions from both the sides, the Division Bench comprising Justice Dhiraj Singh Thakur and Justice B.S. Walia directed the Crime Branch, Jammu to submit the fresh status report of the inquiry and also directed the FC (Rev) to submit the latest status of the departmental inquiry initiated against two revenue officials within a period of four weeks.
