Excelsior Correspondent
JAMMU, July 30: Additional Sessions Judge, Anti-Corruption Jammu O P Bhagat has accepted the closure report filed by Anti Corruption Bureau (Central) Jammu against officials of Jammu Municipal Corporation (JMC) and private builder in a case pertaining to construction of Palm Riviera Apartments at Sidhra.
While accepting the closure report, court observed, “ACB, Jammu presented a closure report in terms of Section 173(3) CrPC in case FIR No. 26/2019 titled State Vs Kuldeep Khajuria, then Commissioner JMC, Farzana Naqushbandi, then Senior Town Planner, JMC Jammu, Bharat Bhushan Gupta and others”, adding “as per the report prepared by SSP ACB (Central) Jammu, the case was not proved against the accused persons”.
The FIR was registered on 26.09.2019 after findings of a verification report into a complaint registered in the year 2014 on a source report against the officials of JMC and private builder on the allegations that JMC officials granted residential building permission (Group Housing) for construction of flats in violation to Jammu Master Plan 2021 in favour of Bharat Bhushan Gupta and others for construction of residential flats at Sidhra Jammu without considering the objection of AC(R) Jammu Sher Singh that applicant must obtain proper permission from the competent authority to change the land use from the agricultural to commercial.
In its closure report, the Investigating Officer of the case Inspector Kamal Sangra stated that the AC(R) Jammu did not apply his mind while putting the riddle that applicant must obtain proper permission from the competent authority to change its land use from agriculture to commercial”, adding “the observation of AC(R) Jammu was uncalled for on various grounds”.
The proposed group housing project was residential and the building permission was not for commercial use as stated by ACR; the land in question over which flats were to be constructed had already been embarked for the residential purpose in Jammu Master Plan-2021; Govt of J&K vide Order No. 138-Rev (S) of 2016 dated 07.10.2016 (Policy regarding change of land use) had categorically stated and utilization of the land falling within the municipal limits or within the jurisdiction of Development Authorities shall strictly be restricted to the land use specified in the respective Master Plan.
“In the instant case, the Master Plan had already declared the land in question as Residential. In view of the JMP-2021, the condition laid by ACR was not required as in building permission within the Municipal area”, the Investigation Officer has mentioned in the report.
After going through the closure report and hearing Anoop Kumar, Additional Public Prosecutor, Additional Sessions Judge Anti-Corruption Jammu O.P Bhagat observed, “I have also gone through the statements recorded by the IO during investigation under Section 161 CrPC and documents, I am satisfied with the investigation conducted by ACB Jammu, as such there is no need to proceed further with the final report. Hence final report as such is accepted and investigation of the case is closed”.
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