Excelsior Correspondent
SRINAGAR, Oct 10: In a significant decision after considering the suggestion of Committee of Experts, High Court today entrusted the job to Anti-Corruption Bureau to look into the matter of irregularities by LAWDA officials in rehabilitation and relocation process of Dal dwellers.
Committee of Experts (CoEs) in a Special Note before the Court has set out the issues and complaints of irregularities which are main factors in severe delay in the rehabilitation and relocation process of Dal dwellers and had suggested for referring these irregularities, pertaining to LAWDA to ACB for enquiry.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed the list of complaints and irregularities received by the LAWDA be placed before the ACB for enquiry in accordance with law.
Court with regard to irregularities in plot assignments and complaints received by the CoEs has been informed that no action has been taken action against the persons who in spite of relocation have returned to the lake. “Such persons shall be evicted and a legal action be taken for wrongful acts”, the CoE said in its report.
Court has been informed that assessment of plots is also being undertaken by High Level Committee (HLC) headed by the Divisional Commissioner Kashmir and allocation of number of plots to the Dal dwellers is being decided after due deliberations by such committee.
So for as sale of plots in violation of guidelines of rehabilitation is concerned, court has been apprised that Divisional Commissioner Kashmir has intervened in the matter and issued instructions to the Power Development Department and Public Health Engineering Department for verifying the electric and water connections in order to ensure identification of the real occupants and further action would be initiated.
LAWDA has informed the court that after information of relocation Dal Dwellers who have returned to original dwellings in the lake are being demolished pursuant to their eviction. “LAWDA file details of such persons and the action taken in respect of reoccupation of the property in the Dal area”, the DB directed,
So far as complaints and irregularities in rehabilitation and relocation process, court directed the same be placed before the ACB for enquiry. Court also directed for placing the decisions of previous HLC before ACB for examination and detecting the irregularities. “Let the action taken report be placed before the court in this regard within four months from today”, the court directed the ACB
It has also been suggested for examining the last 3 decisions of HCLS by the ACB to detect irregularities and disciplinary action against officers posted in LAWDA against whom major allegations are pending may be completed by the disciplinary authority within shortest period of 2 months.
With regard to action taken by the Government to the issue of disciplinary action against the officials of LAWDA against whom allegations are pending, court directed the same be placed before the court and directed the ACB to look into the issue objectively and expeditiously.
So far as constitution of HLC for early rehabilitation of Dal dwellers court has been informed that the Chief Secretary has constituted a Committee headed by the Divisional Commissioner Kashmir. “Let this committee place the timelines on the subject matter before this court before next date of hearing”, the DB ordered.
These directions were passed after CoEs in its report have raised the issue of serious irregularities in plot assignment-assigning more than actually eligible, sale in violation of assignment guidelines of rehabilitation of plots, the rehabilitee after sale of allotted plot becoming landless and returned to Dal banks as an encroacher.
CoEs had suggested for referring the cases of irregularities and graft around the Dal and pertaining to LAWDA where major irregularities are alleged to Anti-Corruption Bureau (ACB) for time bound enquiry.
After these loopholes in the rehabilitation process CoEs proposed certain action points before the court which include need of a special act or Ordinance for acquisition of land in and around the Dal-Nigeen lake.
“The Government of J&K may through a quick investigation find out cases of amassment of unaccounted wealth or property disproportionate to income of officers posted in LAWDA over the 15 years and swift action in cases where irregularities are detected”, read the note of CoEs.
Court also noted that a committee in terms of previous order have been constituted for undertaking Land Acquisition and Rehabilitation in the Lake and in that Principal Secretary to Revenue Department has been designated as Nodal Officer for the purpose and the Revenue Department has been designated as Nodal Department for the rehabilitation work. Court directed these authorities to file actions taken report before the court on these issues.
Charge-sheet against LAWDA officials
The Anti Corruption Bureau (ACB) today produced a charge sheet against the officials of the J&K Lakes and Waterways Development Authority (LAWDA) in a case of allowing illegal constructions.
The ACB said that a challan was presented before the Court of Special Judge Anti-corruption Srinagar in case FIR No.52/2015 U/S 5(1) (d) r/w 5(2) of Prevention of Corruption Act Samvat 2006 and Section 120-B of RPC against three LAWDA officers.
The officers have been identified as Shah Sikander Khan (the then Enforcement Officer LAWDA), Mohmmad Younus Lala and Ab. Rehman Dar (both Watchers LAWDA) and Gh Nabi Hafiz (accused beneficiary) of Pahloo Brein Nishat Srinagar.
The ACB said that an instant case was registered in Police Station Ant-Corruption Bureau Central Kashmir Srinagar on 17/12/2015 on the outcome of a verification No.46/2015 wherein it was alleged that the LAWDA Officers/ officials are allowing illegal construction at village Pahloo Nishat without proper building permission by Gh. Nabi Hafiz.
“During the course of the investigation, it was found that the officers and officials of Enforcement Wing of LAWDA Srinagar Kashmir have wilfully allowed construction of a single storey residential house with required building permission from competent Authority, by Gh. Nabi Hafiz at Pahloo Brein Nishat Srinagar in gross violation of Building Operations & Control Act of J&K,” the ACB said.
The concerned accused officers/officials, it said, failed miserably to stop/ demolish and to remove the said illegal construction made by accused beneficiary Gh Nabi Hafiz.
Detailing it further, the ACB said that after carrying out the detailed investigation, it was concluded as proved against the four aforementioned accused persons including three LAWDA Officers / Officials and one owner of the said illegal structure and accordingly prosecution sanction in favour of three public servants was obtained from the competent Authority.
Today on 10-10-2020, the charge sheet (Challan) against the aforementioned accused persons was produced before the Court of Special Judge Anti-corruption Srinagar for judicial determination.
The trial of the case has been set in motion and the next date of hearing is fixed on 23-10-2020.
Follow our WhatsApp channel
