*Conduct of authorities warrants disciplinary action
Mohinder Verma
JAMMU, Mar 19: Putting a question mark on the integrity of the authorities/officers, who despite manning important positions/posts in the Jammu Development Authority (JDA) from time to time preferred to maintain blind eye towards unauthorized occupation on 169 kanal and 7 marla of JDA land in village Gole of Jammu district, Division Bench of High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar today directed the present Vice-Chairperson of the JDA to immediately initiate steps for evicting the encroachers.
The Division Bench has also directed all the authorities/officers presently working in the JDA and Chief Khilafwarzi Officers, who continue to be posted in JDA for the last 10 years, to disclose their movable and immovable properties within one week. They have also been restrained from creating any third party interest in their properties.
These directives of far-reaching consequences were issued by the Division Bench in a much publicized Public Interest Litigation (PIL) on land grabbing titled Prof S K Bhalla Versus State of J&K and Others.
It is pertinent to mention here that the unauthorized occupation of JDA land in village Gole was brought to fore exclusively by EXCELSIOR last year. The EXCELSIOR even exposed that land mafia was enjoying upper hand over administration and political pressure was preventing JDA from initiating action. In the meanwhile, the issue came to the notice of the High Court through a petition and finally Division Bench, while admonishing the officers who manned important positions but chose to ignore the retrieval of land from unauthorized occupants, issued explicit directions for evicting the encroachers.
After perusal of the status report filed by the JDA and hearing Advocate Sheikh Shakeel Ahmad appearing for the petitioner, the DB observed, “JDA has admitted that 169 kanal and 7 marla of land is under unauthorized occupation of locals and nomad Gujjars. This doesn’t not only make functioning of the authorities of the JDA doubtful but strong eye-brows of suspicions are also raised about the integrity of the authorities/officers, who have manned the important positions/posts in the JDA from time to time”.
“We are prima facie of the view that the failure of the JDA authorities in retrieving the huge chunk of the land from the possession of the unauthorized occupants is a matter of serious concern”, the DB said, adding “it is appalling that the authorities of the JDA have failed to take possession of the huge chunk of the land from the unauthorized occupants”.
“The JDA authorities shall have to explain their conduct and position for not initiating steps for evicting encroachers from the JDA land. The failure of the JDA authorities to perform their duties would require initiation of disciplinary action as warranted in the facts of this case”, the DB said, adding “Vice-Chairman JDA, who has complete statutory back up and paraphernalia available, shall immediately initiate steps for evicting the encroachers from the JDA land”.
Pointing towards the status report, which indicates that four Chief Khilafwarzi Officers have been posted in the JDA for the last 10 years, the DB directed that all the authorities/officers presently working in the JDA and Chief Khilafwarzi Officers whose names have been reflected in the status report, shall, within one week, file their respective affidavits before the Registrar Judicial giving details about their movable and immovable properties which are held by them in their individual names, in the names of their spouses and in the names of their children.
“Likewise, information shall also be given about their bank accounts, shares, debentures and in the affidavit they shall also indicate that till further orders from the court, they will not create any third party interest in their immovable and movable properties”, the DB further directed.
The officers, who are posted in the JDA for the last 10 years are S B Sharma, Chief Khilafwarzi Officer, Subash Chander Sharma, Incharge Chief Khilafwarzi Officer, Ashok Kumar Sharma, Chief Khilafwarzi Officer and Narinder Singh, Incharge Chief Khilafwarzi Officer.
In the status report, the JDA has mentioned that land measuring 784 kanal 17 marla at village Gole has been transferred to the JDA out of the total land measuring 2235 kanal falling in Khasra Number 746. The land measuring 333 kanal and 13 marla was transferred to JDA from Nazool Department in 1973 but the possession was not handed over in one go.
According to the status report, land measuring 451 kanal and four marla was transferred to JDA under/by the operation of the J&K State Land (Vesting of Ownership to Occupants) Act, 2007 only on papers as the said land has not been demarcated.
Meanwhile, the DB, after going through the status report regarding 179 kanal and four marla land at village Chak Bhagwana in Hiranagar tehsil, directed the Deputy Commissioner Kathua to indicate as to why action in accordance with the law could not be taken against those persons, who had encroached upon the State/common land.
In the status report, the Deputy Commissioner said that encroachment has been removed from 179 kanal and four marla of land and signboard has been installed which reflects that land is Kahcharai under Khasra Nos.665/564, 666/564, 719/671/564, 720/671/564/670/561 and the land has been kept under Supurdari of Sarpanch namely Rakesh Kumar.
The DB directed the Deputy Commissioner to ensure that the land is not encroachment upon. “The Deputy Commissioner shall direct the concerned Tehsildar(s)/other revenue officers posted in the area that in case of any encroachment on the State land/Kahcharai land/common land, they shall be held personally responsible and would be dealt with in accordance with law”, the DB further directed.
However, the Deputy Commissioner was directed to indicate as to why action in accordance with law could not be taken against those persons who had encroached upon the land. “The report shall be filed before next date”, the DB said.
Advocate Surjit Singh Andotra appeared for the petitioner in Hiranagar land issue.
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