Educational Complex on 10 kanals forest land by ex-Minister
Excelsior Correspondent
JAMMU, Dec 8: In a petition filed and argued by Advocate Ankur Sharma seeking registration of FIR against ex-BJP Cabinet Minister Abdul Gani Kohli and others for construction of educational complex on 10 kanals of forest land at Nowabad Sunjwan, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has directed Deputy Commissioner Jammu to produce the Vigilance record and enquiry conducted by Tehsildar Bahu on the next date of hearing.
When the PIL came-up for hearing, Division Bench observed, “reply has been filed by Deputy Commissioner, Jammu in which it has been mentioned that a preliminary enquiry was conducted by the Vigilance Organization. However, no specific finding was given and it is on the instance of this court, the Deputy Commissioner Jammu directed the Tehsildar Bahu to personally conduct a demarcation on mission mode by preparing daily log of the proceedings who, accordingly, submitted a report on 30.05.2016”.
“The report of Tehsildar reveals that one Bee Enn Trust has constructed the College, Paramedical Institution and the ATM on Khasra No. 264 of village Channi Rama, Tehsil Bahu which is recorded under the ownership and cultivation of the State. The Bee Enn Trust has no entry in the Revenue records, as the said land continues to be shown under the ownership of the State. However, as per the communication of SVO, it appears that their enquiry has revealed that the Trust has occupied land in Khasra No. 356 at Village Sunjwan, which is also recorded under the ownership of State, but under the occupation of Forest”, the DB observed.
Division Bench also noted that in the affidavit filed by Divisional Commissioner, Jammu on 09.09.2020 it has been mentioned that Bee Enn College, falls under Khasra No. 264 of Village Channi Rama, Tehsil Bahu which is a State land not in Khasra No. 356 of Village Sunjawan Forest land.
“Since it has brought to the notice of this court that a petition has been filed by B. N. Public School being WP(C) No. 249/2023 which is also an institution connected with respondent. This court vide order dated 23.08.2023 had directed the Registry to scan the record of the writ petition and place the same on record”, the DB said, adding “the needful has not been done by the Registry. The hard copy of the same has been produced before us and on perusal of the same it is seen that the writ petition was filed for seeking quashment of circular No. 02-JK (Rev) 2023 dated 09.01.2023 issued by Union Territory of Jammu & Kashmir and Ladakh together with the notice No. TB/PS/2022-2923/02 dated 27.01.2023, issued by Tehsildar (Estate Officer), Assistant Collector 1st Class, Bahu Jammu whereby Abdul Gani Kohli has been asked to vacate State land measuring 16 Kanals falling under Khasra No. 264 (new) (356 old) of Village Channi Rama, Tehsil Bahu”.
“In the petition, the Single Judge vide order dated 10.02.2023 has observed that for the purpose of showing the fact that at the site there is a school, in which a sanction came to be accorded in favour of the B.N. Public School, Nawabad Bathindi upto Class 8th vide Government order No. 730-Edu of 2002 dated 24.04.2002. However, in the order, there is no reference to the fact that site of the school is on the State land, but it seems that perhaps by using the Government order it is the state land which came to be grabbed and building has been erected”, the DB further observed.
“The Single Judge though did not find a prima facie case for staying the order, however, granted interim protection to the effect that while Divisional Commissioner, Jammu was directed to retrieve the possession of the free land falling within the premises of the school except the school building and there shall be no demolition of any part of the school building in retrieving the possession. There shall be no obstruction caused on behalf of the petitioner or for that matter Abdul Gani Kohli in any manner whatsoever in the course of exercise by the official deputed to take over the possession of the rest of the land except school building”, the DB said.
Senior AAG S S Nanda submitted before the court that the land has already been retrieved leaving the school building. “We also noted that in the writ petition the respondents have not filed any affidavit”, DB observed.
Considering the fact that the present PIL has arisen out of writ petition bearing WP (C) No. 933/2015 which was converted to a PIL and the land in issue appears to be the same which is alleged to be a State land grabbed by certain persons unauthorizedly, the DB directed the Registry to tag the record of WP(C) No. 249/2023 along with the present PIL inasmuch as, the land, which is alleged to have been grabbed, appears to be same in this writ petition also. Accordingly, the DB issued direction to respondents in WP(C) No. 249/2023 to file their affidavits without fail and also directed Deputy Commissioner Jammu to produce the Vigilance record and enquiry conducted by Tehsildar Bahu on the next date of hearing.
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