Mohinder Verma
JAMMU, Mar 8: In a development of far reaching consequences in the Public Interest Litigation (PIL) highlighting encroachment of land by politicians and bureaucrats by abusing their status, a trust run by Congress Member Parliament from Kathua-Udhampur-Doda Parliamentary Constituency, Ch Lal Singh, has been served notice by the Kathua district administration for possessing land beyond the permissible limit under Agrarian Reforms Act in village Karandi Khurd of Hiranagar tehsil while as State Government has issued directions for evicting encroachers from 92 kanal of State land under the possession of different persons in the same village.
When the PIL last came up for hearing on February 19, 2013 the attention of the Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi was drawn towards the Section 14 of the Agrarian Reforms Act, 1976 whereby an individual or Dharamshalla or public trust can have land only to the extent of 100 standard kanal. It was, however, submitted that the RB Educational Trust run by Member Parliament Ch Lal Singh owns more than 300 kanal of land as per the information provided by Tehsildar Hiranagar in an RTI application. It was prayed before the DB that excess land in the possession of trust was required to be recovered so that the same vests in the State.
Following directions from the DB whereby even the Secretary General Administration Department was directed to appear in person in case of further failure to pass orders on State Vigilance Organization communication to the GAD dated April 24, 2006 regarding ‘encroachment’ of land by Ch Lal Singh, the Kathua district administration on the directions from the higher-ups constituted a seven member committee to scrutinize the record and physically inspect the land in question at village Karandi Khurd of Hiranagar tehsil, highly placed sources told EXCELSIOR.
“In its report submitted in the recent past it has been mentioned that Ch Lal Singh’s trust is in the possession of 240 kanal of land while as remaining 92 kanal, which was also alleged to have been in his possession, is actually in the control of some different persons and some of them have also sown wheat crop on the same”, sources said, adding “the report of the committee was discussed at the highest level in the Civil Secretariat following which directions were issued to start process for eviction of the encroachers whosoever they are from 92 kanal of State land”.
As far as 240 kanal of land in the possession of RB Trust run by Ch Lal Singh is concerned, the Kathua district administration on the directions of higher-ups has issued notice to the trust through Tehsildar Hiranagar mentioning that it has to make choice of 100 standard kanal from 240 kanal in its possession as under Agrarian Reforms Act neither any divisional nor any dharamshalla or trust can have land beyond 100 standard kanal, sources said, adding “once the trust makes choice of 100 standard kanal the remaining 140 kanal would vest with the State under the Agrarian Reforms Act”.
In response to a question, sources said, “the administration will wait for 10-15 days following which 100 standard kanal out of total 240 kanal would be identified by the administration on its own”, adding “in the meantime the State will file fresh status report mentioning the entire exercise carried out from February 19 onwards before the Division Bench of State High Court by March 12, 2013 when the PIL will be listed again for hearing”.
It is pertinent to mention here that on February 19, 2013 the DB had observed, “the Court has been impressing upon the respondent-State to take cognizance of the report of the Vigilance Commissioner and take a view in the matter one way or the other by passing a final order. A so-called action taken report has been filed which does not in any way come near to the concern of the court”.
“All that is being sought to be projected in the Action Taken Report is that the revenue authorities have reported that the State land is in physical and actual possession of the State revenue authority and there are no encroachments on the State land. On the other hand, the Advocate General M I Qadiri has submitted that the response from Revenue authorities has not been received which is indicated in the letter dated February 12, 2013”, the DB had observed.
“The Advocate General now undertakes that the final decision on the report dated April 24, 2006 as well as fresh communication of the Vigilance Organization dated September 2, 2011 will be taken on or before March 12, 2013. If the order, as per undertaking of the Advocate General, is not passed then the Secretary, General Administration Department shall remain present in person along with the record to explain why suitable action has not been taken”, the DB had said.
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