DB directs respondents to file affidavits

Excelsior Correspondent
JAMMU, May 21: In Public Interest Litigation (PIL) against land grabbing by politicians and bureaucrats, Division Bench of State High Court comprising Justice Mohd Yaqoob Mir and Justice D S Thakur today directed Commissioner Secretaries of General Administration and Revenue Departments to file their affidavits in the PIL filed by R B Educational Trust within two weeks and granted six weeks time to the AAG to file affidavit indicating the details of beneficiaries of Roshni Scheme.
When the PIL came up for hearing, AAG H A Siddiqui submitted that initially the scope of the petition was confined to Annexures B and V with regard to the names highlighted about the land grabbing. He further submitted that the directions issued on last date of hearing were contrary to the earlier directions whereby scope was restricted to Annexure B and V.
However, Division Bench didn’t agree with the submission of AAG and observed in the open court that scope of the PIL has been enlarged.
AAG submitted that Divisional Commissioners of Kashmir and Jammu have prepared performa and the same has been circulated to the Tehsildars for furnishing information about the beneficiaries of the Roshni Scheme as directed by the DB earlier.
At the same time, Advocate S S Ahmed appearing for the petitioner drew the attention of the DB to CMA No.555/2013 wherein directions have been sought to the State Government to retrieve lakhs of kanals of State land from the powerful and influential people. He also invited the attention of the DB to the reply submitted in the Legislative Assembly during the Budget Session wherein the Revenue Department declined to name the encroachers on the ground that the record is voluminous.
He prayed before the DB to issue directions to State to disclose the names of the encroachers as the people have the right to know the names of persons who have grabbed land.
At this juncture, Senior AAG Gagan Basotra opposed the prayer of Advocate S S Ahmed and stated that constitution envisages separation of power and the issue highlighted is with the State legislature and parallel proceedings cannot be initiated. On this, DB asked Senior AAG to file affidavit to take all pleas available to him and DB would consider the same.
“The averments made in the CMA No.555/2013 are required to be replied by the State respondents”, remarked Justice Mohd Yaqoob Mir heading the DB.
The DB granted two weeks time to Commissioner Secretaries of GAD and Revenue Departments to file reply in petition filed by RB Educational Trust and six weeks time to AAG Siddiqui to file affidavits indicating therein the quantity of land in respect of which ownership rights have been conferred under the J&K State Land (Vesting of Ownership to the Occupants) Act, 2001.