Mohinder Verma
JAMMU, Feb 12: Expressing displeasure over State dragging its feet on State Vigilance Organization (SVO) report regarding alleged encroachment of over 92 kanals State land by the Member of Parliament Ch Lal Singh, Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today granted one week’s time for filing action taken report in the matter.
When the Public Interest Litigation (PIL) highlighting encroachment of land by politicians and bureaucrats in connivance with the land mafia came up for hearing, Advocates Virender Bhat and Sheikh Shakeel Ahmad appearing for the PIL submitted that despite clear directions of the Division Bench passed on January 1, 2013, the State has not placed on record the present status of the action taken into the State Vigilance Organization communication to the General Administration Department regarding alleged encroachment of State land by the Member Parliament, Ch Lal Singh at village Karandi Khurd in Hiranagar tehsil of Kathua district.
However, Advocate General M I Qaidri along with Senior Additional Advocate General Gagan Basotra submitted that in compliance to the earlier order dated January 1, 2013, the Commissioner of Vigilance P L Gupta has filed report highlighting the date of communication between the Commission and the State. They, however, sought some more time as far as filing of action taken report is concerned on the ground that there was some communication gap.
Senior Advocate D C Raina along with Advocate Ashish Singh Kotwal appeared on behalf of Ch Lal Singh and denied possession over the State land referred to in the matter.
Expressing displeasure over the non-filing of action taken report, the Division Bench, in the open court, remarked, “this is just dragging of the feet. Seven years have passed since the Commissioner of Vigilance wrote to the Government about the encroachment of State land measuring 92 kanals and six marlas by Ch Lal Singh but no action has been taken till date”, adding “either the State should have accepted the recommendation of the Commissioner of Vigilance or rejected it by explaining the ground but the State choose to sleep over the matter”.
Pointing towards the reference dated August 23, 2011 received by the Commissioner of Vigilance from General Administration Department whereby the copy of communication sent by the State Vigilance Organization to the Government way back in 2006 was sought, the Division Bench said, “even after receiving the fresh copy from the Commissioner of Vigilance on September 2, 2011 no action has been taken by the Government till date and this put a question mark on the intention of the State”.
“If the State will reject the recommendation of Commissioner of Vigilance now we will scrutinize the action and if it accepts the recommendation, action will have to be taken”, the Division Bench said.
With these observations, the Division Bench granted one week’s time for filing action taken report on the recommendation of Commissioner of Vigilance vis-à-vis encroachment of State land by the Member Parliament.
According to the date wise report submitted by the Commissioner of Vigilance, P L Gupta, State Vigilance Organization on October 11, 2005 received a reliable source information regarding encroachment of more than 130 kanals of Government land at Karandi Khurd in tehsil Hiranagar of Kathua district by Lal Singh and his brother Rajinder Singh. It was further alleged that land of poor people of locality had also been encroached upon and approach road to this land is being constructed through PWD.
On the receipt of source information, the competent authority initiated a Joint Surprise Check on October 13, 2005 in the matter through Senior Superintendent of Police, Vigilance Organization Jammu, who after conducting the Joint Surprise Check in the matter on March 16, 2006 submitted a report. The SVO vide letter No.SVO/06/PRK-63/05-SC/4605 dated April 24, 2006 submitted the report to the Principal Secretary to Chief Minister recommending the restoration of 92 kanals and 6 marlas of State land in the unauthorized possession of Ch Lal Singh.
It is pertinent to mention here that on December 14, 2012, AAG H A Sadiqui filed an affidavit on behalf of the Revenue Department mentioning that on December 8, 2012 a team of Revenue Department conducted spot inspection and found that 92 kanals and 6 marlas of State land was not in the possession of Member Parliament and his family. However, the Division Bench on January 1, 2013, directed the Senior AAG Gagan Basotra to place on record the present status of the action taken and the Commissioner of Vigilance was directed to file date wise report particularly highlighting the date of communication or any other correspondence between the Commission and the State.
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