*Proceedings for land regularization in Hiranagar stayed
Mohinder Verma
JAMMU, Apr 25: In a development which may expose the undue advantage conferred on the illegal occupants of the State land under the garb of Roshni Scheme, the Division Bench of State High Court comprising Justice Muzaffar Hussain Attar and Justice D S Thakur today directed the Divisional Commissioners of Jammu and Kashmir to apprise the Court about total land regularized under the scheme till date and the particulars of the persons who have obtained the benefit.
The DB also issued notice to the Revenue as well as General Administration Departments in a Civil Miscellaneous Application filed by the MLA Kathua, Charanjit Singh, bringing to the notice of the Court the manner in which the then Assistant Commissioner (Revenue), Puneet Sharma, was victimized and prematurely transferred at the instance of Member Parliament Ch Lal Singh for daring to provide information to the petitioner in response to RTI application and also directing the closure of brick kiln of Raghubir Singh alias Babbi (younger brother of Member Parliament) operating illegally at village Mahi Chak in Kathua district.
When the Public Interest Litigation (PIL) highlighting the organized land grabbing by land mafia in league with certain politicians, bureaucrats and police officers occupying responsible positions in the State along with CMAs filed by the petitioner and MLA Hiranagar came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioner-Prof S K Bhalla, drew the attention of the Court towards the information furnished by the Government in the State Legislative Assembly that over 20 lakh kanal of State land is under the illegal occupation across Jammu and Kashmir.
“In the status report filed by Divisional Commissioner, Jammu on April 3, 2012 it was averred on affidavit that on the basis of the inputs provided by the offices of Deputy Commissioner, Jammu and Additional Deputy Commissioner, Samba no politician/top police officer/bureaucrat has been found in occupation of the State land as per the revenue records but this status report doesn’t tally with the reply filed by the Revenue Department in the Legislative Assembly wherein it has conceded that 160358 kanal of State land is under illegal occupation of land mafia in Jammu district and 97133 kanal in Samba district”, Advocate S S Ahmed said.
On this, Division Bench issued directions to both the Divisional Commissioners to indicate as to how much land has been regularized under Roshni Scheme and who are the beneficiaries and how much cases are pending and who are the persons who have sought ownership rights.
In a new twist of the events, the DB issued notice to the Revenue as well as General Administration Departments to file response to the CMA filed by MLA Kathua, Charanjit Singh seeking intervention in the PIL and also to bring to the notice of Court the manner in which the Assistant Commissioner Revenue Puneet Sharma was victimized and transferred at the instance of Member Parliament Ch Lal Singh.
In the CMA, it has been submitted by the MLA Kathua that Member Parliament by abusing his position has acquired big landed estate, which is disproportionate to the known source of his income.
“The RB Educational Trust has been created by the Member Parliament to cover up the illegal acquisition of an estate measuring more than 316 kanals. The Revenue officers acting under his pressure have attested the mutations”, the MLA said in the CMA, adding “when I approached the office of Deputy Commissioner, Kathua through the medium of application under Right to Information Act to elicit requisite information against the landed estate of Member Parliament the district administration showed reluctance to provide information, which was obviously prejudicial to the interest of Member Parliament”.
It has been alleged in the CMA that on the oral complaint of Ch Lal Singh, the then Revenue Minister, Raman Bhalla called the meeting of the then Revenue Secretary B A Runiyal and the Assistant Commissioner Revenue, Puneet Sharma at his residence on November 27, 2012. In the meeting, Ch Lal Singh as well as Raghubir Singh, the owner of illegal brick kiln were also present. Reportedly, the Member Parliament abused the Assistant Commissioner Revenue in front of the Revenue Minister and Commissioner Secretary Revenue and warned him of dire consequences for daring to take action against his man—Raghubir Singh.
In the CMA, the MLA has further alleged that the officer was transferred at the instance of MP despite the fact that general public was very happy with his working and he had not even completed one year before he was prematurely transferred.
In the meantime, Advocate Sheikh Shakeel Ahmed drew the attention of the court towards the affidavit filed by the Deputy Commissioner Kathua and said, “in the status report filed by the General Administration Department in February 2013 it was categorically submitted that no encroachment was found in village Karandi Khurd of Hiranagar tehsil and the land in question continues to be in occupation of the State authorities while as in the latest affidavit filed by the Deputy Commissioner Kathua it has been mentioned that 92 kanal and 6 marla land was evicted from the illegal occupants on March 9, 2013”, adding “the affidavit of Deputy Commissioner Kathua and status report of GAD are contradictory”.
On this, the DB issued directions to the Deputy Commissioner Kathua to take over the land in question from the Numberdar/Chowkidar and the same be placed at the control of senior Revenue Department officer of the district. The DB also stayed the proceedings initiated under Roshni Scheme before the Revenue authorities for regularization of this land.
The Division Bench also directed the Revenue Department through Additional Advocate General, H A Siddiqui to file response to the writ petition filed by RB Educational Trust whereby the petitioner has questioned the notice issued by Deputy Commissioner Kathua asking the Trust owned by MP and his family members to select 100 standard kanal on the ground that Trust was prima-facie found in possession of 314 kanals of land, which is in excess to the ceiling fixed under Agrarian Reforms Act.
With these directions passed in the open court, the Division Bench fixed the PIL in the week commencing on May 20 with the further directions to all the parties to file pleadings before the said date.
Advocate S K Shukla appeared for the MLA while as Senior AAG Gagan Basotra with AAG H A Siddiqui for the State functionaries. Senior Advocate Sunil Sethi with Advocate A S Kotwal and Senior Advocate U K Jalali with Advocate Megha Amla appeared for the private respondents.
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