Excelsior Correspondent
Srinagar, May 28: High Court today upheld the FIR registered against the ex-official of the Srinagar Municipal Corporation (SMC) for misusing the public post while granting building permission against the violations of Master Plan (MP) and paved way for then VoK in submitting the challan before the court of law as the court dismissed his plea.
Appellant Hammid Ahmad was ex-officio Member Secretary of Building Operation Control Authority SMC who as per the FIR registered by the VoK played an important role in grant of building permission in favour of beneficiaries in violations of the MP Srinagar.
The FIR No. 12/2015 was registered for granting building permission 28.04.2008 in favour of the beneficiaries Waseem Mushtaq and others by the accused by abusing his official position for construction of four storeyed commercial complex with revolving restaurant and basement for parking purpose on the plot of land situated opposite Exhibition Ground, Srinagar.
The permission as per the FIR was granted in supersession of earlier four building permissions dated 20.03.2002 in favour of Mushtaq Ahmad Ganai and his two sons for construction of four storeyed commercial building on land, permission No. 378/2002 dated 14.08.2002 in favour of Waseem Mushtaq and Naseem Mushtaq for construction of three storeyed commercial building and permission no. 379/2002 dated 14.08.2002 in favour of Waseem Mushtaq, Naseem Mushtaq for construction of three storeyed commercial building and permission No. 381/2002 dated 14.08.2002 in favour of Waseem and Naseem for construction of three storeyed commercial building.
The FIR in question was registered pursuant to verification conducted by the VOK after it received a written complaint regarding various illegal structures coming up in Srinagar city. During verification by the VOK, it came to light that BOCA of SMC had granted building permissions to some builders at Exhibition Ground and Bishamber Nagar in contravention of norms in vogue for such building permission.
One such permission issued in favour of petitioner Mushtaq Ahmad Ganai and his two sons came under scrutiny of the VOK. In the preliminary enquiry, VOK found that the officials of BOCA by issuing building permission had regularized gross violations on the part of building owners, who, instead of raising four separate commercial complexes in accordance with earlier four building permissions, had constructed single mega commercial complex in complete violation of building permission and in contravention of approved Srinagar Master Plan 2000-21 and that the provisions of Control of Building Operations Act.
It was, thus, concluded by the VoK in the verification that the officials and officers of SMC by acting in this manner and issuing building permission, had abused their official position and conferred undue favour, advantage, benefit and wrongful gain to the building owners.
The VOK, thus, found that the officials of officers of the BOCA-SMC and the beneficiaries had committed the offences under Sections 5(1) (d) read with Section 5(2) of the Act and 120-B RPC. Based on the outcome of preliminary enquiry and verification, an FIR was registered in the Police Station, VOK and the investigation set in motion.
The investigation has proceeded further and the investigation in the matter is complete and even the sanction for prosecution of the accused-public servants has been granted by the competent authority, however, for the pendency of the petitions and the interim directions issued by the court, the VOK could not present the challan and final report before the competent Court of law.
Court has recorded that it has remained unnoticed till a complaint was received against the coming up of several illegal structures and superstructures in the City of Srinagar in sheer violation of Master Plan and the building bylaws.
Court recorded that the acts and omissions of the public servants aimed at conferring wrongful benefit upon the beneficiaries would have gone unnoticed, had the vigilant citizen not made a complaint with regard to haphazard constructions coming up in the Srinagar city, recklessly and in violation of the Master Plan.
The complaint, lodged by a citizen, prompted the authorities in the Vigilance Organization to enter into preliminary enquiry/verification of the allegations. After conducting thorough verification and collecting relevant records from the different quarters, the VOK found the disclosure of 16 commission of cognizable offences under Sections 5(1)(d) read with 5(2) of the Act and 120-B RPC and, accordingly, registered the FIR impugned.
“We could not find any merit in the submission of the counsel appearing for the appellant regarding maintainability of the appeal. In light of the above, the appeal is held to be not maintainable and is dismissed”, Division Bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta concluded.
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