Excelsior Correspondent
JAMMU, Aug 5: In the much publicized Public Interest Litigation (PIL) highlighting alleged hushing up of Chatta Sunjwan land scam, Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice B S Walia has directed the Crime Branch Jammu to submit the fresh status of the inquiry entrusted by the General Administration Department (GAD).
The GAD decision is based on the findings recorded by the then Divisional Commissioner, Jammu Shantmanu, 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.
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 Crime Branch as well as to the Financial Commissioner (Revenue) to submit the fresh status report in regard to stage and status of the investigation as also the outcome of departmental inquiry.
Earlier, when the PIL came up for hearing Advocate Sheikh Shakeel Ahmed drew the attention of the Division Bench towards 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 in fact 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 and Mohan Singh.
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 then 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. He further argued that the dispute is only with regard to 20 kanals of land as projected in the report of Shantmanu and the JDA for no valid reasons is stopping the builder to utilize 724 kanals of land.
Advocate 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.
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.
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