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DB issues directions to Commissioner/Secretary GAD
PIL against alleged hushing-up of Chatta-Sunjwan Land Scam
9/10/2014 11:04:13 PM
Jammu, Sept 10 : In a petition alleging hushing up of a land scam pertaining to Government Land at Village Chatta, Sunjwan, Tehsil and District Jammu which was treated by the High Court as Public Interest Litigation, Division Bench of State High Court Comprising Justice Hasnain Massodi and Justice Tashi Rabstan after hearing the PIL whereas AAG Seema Shekhar appearing for the state, in the open Court directed Commissioner/Secretary GAD that he would direct the Divisional Commissioner, Jammu to hold time bound enquiry into the matter and submit report within a reasonable time.
Division Bench further observed that 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, Sunjwan, Jammu. The matter appears to be related to the State land and the State Government felt prompt vide Government Order No. 05-GAD of 2008 dated 01.01.2008 directed enquiry into the matter to be conducted by Sh. Sudhanshu Pandey (IAS), the then Divisional Commissioner, Jammu. 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 that the petition filed by one of the partners of S.R.K. Associates-alleged encroachers, whereby the order dated 01.01.2008 was challenged.
Division Bench further observed that on April 7, 2008, 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 vs. 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. Upon this 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 and directed that the fresh enquiry ordered 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 and ordered that Action Taken report also be filed before next date of hearing. (JNF)
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