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| HC’s directive in PIL against land grabbing | | | Early Times Report
Jammu, July 21: In a PIL, highlighting the grabbing of state land by bureaucrats, politicians and police officials in league with land mafia, a high court division bench of Justice Dhiraj Singh Thakur and Justice Janak Raj Kotwal today directed vice-chairman of Jammu Development Authority (JDA) and Deputy Commissioner, Jammu, to comply with the order passed by the bench on December 10, 2014 whereby the court had directed them to demarcate the entire JDA land in Jammu and Samba districts.
When the PIL came up for hearing, the counsels for the activist drew the bench attention towards the detailed order passed on December 10, 2014 whereby directions had been issued for time bound demarcation of the entire JDA land situated in Jammu and Samba districts. They submitted that till date the bench directions had not been compiled by JDA and the office of Deputy Commissioner, Jammu. Upon this, the bench directed Deputy Advocate General Parimoksh Seth to comply with the bench directions by filing the compliance report by the next date of hearing. The bench also took cognizance of the application filed by Kamni Gupta, Geeta Gupta, Archana Gupta, Laxmi Gupta and Romi Gupta daughters of Late Hem Raj and Chanchal Gupta widow of Late Hem Raj residents of Partap Garh, Jammu seeking restoration of their possession on the land measuring 342 Kanals in Khasra No 1 situated at Chak Lallo Shah, Jammu (Near Fourth Bridge, Jammu in Niki Tawi Area) which is under the illegal occupation of three daughters of Former PHE/ Health Minister Taj Mohiudin. The bench later disposed of the application with the observations that the applicants are allowed to intervene as prayed in the application.
With regard to another application about the alleged encroachment of land of Irrigation and Flood Control (I&FC) Department, the bench asked senior AAG Seema Shekhar to file response and the bench directed that it shall be ensured that the land owned by the I&FC department was neither encroached nor any construction permitted to be raised thereupon.In another application, the bench asked senior AAG Seema Shekhar that respondents had been directed that before any steps for regularization of the illegal constructions on land belonging to JDA are initiated, the scheme so prepared be placed before this court for its examination and till it is done, the regularization of illegal constructions on JDA land be stayed. On Seema's request, further six weeks' time was allowed for complying with the December 17, 2014 court directions. With regard to the Roshini Scam, the bench observed that the status report has been filed by the SVO giving certain details of the various FIRs registered in the matter. It observed that detailed directions had been issued on May 6, 2015 to the state government to suggest the mechanism with a view to remove the encroachments and restoration of the encroached land to its original status. Advocate S S Ahmed pointed out that more than 20 lakhs kanal of the state land is under encroachment in various districts of J&K and on the court directions, both Divisional Commissioner Jammu and Divisional Commissioner Kashmir filed the compilations disclosing the complete particulars of the land grabbers who have encroached more than 20 lakh kanals of the state land. He submitted that the state government is not serious in removing the encroachments as the land mafia has tentacles in police, bureaucracy and political establishment. He submitted that Supreme Court in Bhondsi land farm case in which the ex-Prime Minister Chander Shekhar had grabbed thousands of kanal of village common land, had directed the Haryana chief secretary and Gurgaon Deputy Commissioner to retrieve the land from the high profile encroacher within two months. He sought similar intervention of the bench. The bench then asked AAG Seema as to why the bench directions with regard to adoption of mechanism have not been complied with and upon this she undertook to do the needful on or before the next date of hearing by filing the compliance report as per the previous order of the bench.
In yet another application moved by another advocate, highlighting encroachment of land in Tehsil Hiranagar, it was informed to the bench that in terms of order dated April 7, 2015 Deputy Commissioner Kathua has filed the status report to which the advocate sought time for filing response and in another application with regard to R B Educational Trust (Family Trust of Health Minister), the bench granted time to a senior advocate to file response to the status report filed by DC Kathua. The bench observed that it appears certain statutory revisions/appeals have been filed before the statutory authorities including the Divisional Commissioner Jammu in which certain interim orders have been passed granting interim relief or orders of status quo. However, looking into the nature of controversy and the seriousness of the issue, it is expected that the Divisional Commissioner Jammu and all other statutory authorities shall decide the matters pending before them in connection with the present subject matter at the earliest and in any case within a period of four months from today. (-JNF) |
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