Excelsior Correspondent
JAMMU, Sept 10: In a petition highlighting hushing up of a land scam pertaining to Government land at village Chatta-Sunjwan, Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Tashi Rabstan today asked Commissioner Secretary GAD to direct Divisional Commissioner Jammu to hold time bound enquiry into the matter and submit report.
After hearing Advocate SS Ahmed appearing for the PIL whereas AAG Seema Shekhar for the State, the DB, in the open court, observed, “the controversy raised in the Public Interest Litigation relates to the alleged encroachment of land measuring 20 kanals and 12 marlas situated at village Chatta”.
“The matter appears to be related to the State land and the State Government vide Order No. 05-GAD of 2008 dated 01.01.2008 directed enquiry into the matter to be conducted by Sudhanshu Pandey, the then Divisional Commissioner, Jammu”, the DB said, adding “the Action Taken Report filed in compliance of order dated 05.08.2014 would reveal that the Inquiry Officer has not proceeded with the enquiry on the ground”.
The Division Bench further observed, “on April 7, 2008, an interim order was passed and the enquiry, therefore, not proceeded. Order dated 07.04.2008 passed in OWP No. 57/2008 with CMA No.399/2008, titled, Raj Kumar and others Versus State of J&K and others would reveal that the parties were directed to maintain status quo on spot till next date of hearing. The order obviously would not stand in the way of the Inquiry Officer to proceed into the enquiry”.
Accordingly, Division Bench directed Commissioner Secretary GAD to issue fresh directions as Sudhanshu Pandey is reported to be on Central deputation and is not available. “One of the options available to Commissioner Secretary GAD is that he would direct the present Divisional Commissioner, Jammu to hold time bound enquiry into the matter and submit report within a reasonable”, the DB said and directed that the fresh enquiry order be issued within two weeks.
Meanwhile, Commissioner Secretary GAD would also examine whether there was any willful default to misinterpret the order dated 07.04.2008 and fix the responsibility, the DB said and ordered that Action Taken Report be filed before next date of hearing.
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