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HC restrains CB from finalising challan; FIR against RDSLR challenged
Sunjwan, Channi Himmat Land Encroachment
8/26/2015 11:38:23 PM
Asif Iqbal Naik
Early Times Report
Kishtwar Aug 26: The case of land encroachment in Sunjwan, Channi Himmat has taken a new turn with Justice Tashi Rabistan directing Crime Branch Jammu not to harras the petitioner and directed the respondent (SSP Crime Jammu) not to finalize and file the challan in FIR No 20/2015 registered by the Crime Branch against the petitioner.
As per the petition, Regional Director Survey and Land records Jammu alleged that the CB officials instead of cooperating with the enquiry officer i.e Regional Director Survey and Land Record, Jammu R. K. Shavan allegedly lodged a bogus and false FIR ignoring the finding reached by the demarcation committee just to influence and hush-up the case.
It is pertinent to mention that two groups of people, one represented by Ibrahim Choudhary Dy.SP of crime branch were fighting with each other over the demarcation issue raising allegations and counter allegations. The Deputy Commissioner, Jammu was approached by them who referred the matter to the Regional Director Land Records, Jammu being the Collector under the Land Revenue Act as the Village was under settlement track for settling the dispute.
As per DC Jammu directions, Regional Director constituted a demarcation committee headed by Tehsildar, Jammu which submitted the report that the disputed 8 marlas of land is part of Village Channi Himmat and not Sunjwan. Secondly Dy.SP Ibrahim Choudhary was indicted for having encroached the State Land measuring 2 Kanals- 5 Marlas of Village Channi Himmat in the Garb of some regularization orders of Village Sunjwan for 19 marlas. This report at prelimary stage was submitted to Deputy Commissioner, Jammu with recommendations for stringent action against the encroachers revenue officers/officials including Ibrahim Choudhary Dy.SP. However irked by the recommendations and apprehending further action and verification of encroachments in Sunjwan , Sidhra, Channi and Digiana, the official of Crime Branch lodged FIR against the revenue officials including Director Land Record alleging illegal sale of State Land by them and issuance of Fard -e-Inthkabs over the State Land when the fact remained that Director Land Record never issues any "Fard-e-Inthkabh" nor has sold any State Land. The encroachers identified by the enquiry team includes some serving and retired police officials and it is stated that the loss to the state by the encroachers is not less than Rs. 200 crores. In the mean while the FIR lodged on false and flimsy ground has been challenged by the enquiry officer Rajesh Kumar Shavan under section 561-A CrPC, Wherein the court after hearing the counsel for the petitioner restrained the crime branch from finalizing / filing the challan in FIR no: 20/2015 and also directed the Deputy commissioner Jammu to file action taken report on the basis of final report dated 11-8-2015 submitted by Director Land Record .
It is further pertinent to mention that Director Land Records in the petition before the court has demonstrated various steps initiated by him against the land mafia for the last 2 years wherein he had categorically banned the issuance of fard-e- intakhab in village sunjwan. In the final report the Director Land Record has recommended specific action against the encroachers and the officer/officials having encroached landworth crores. A Retired SP is found to have encroached state land in two villages Digana and Channi Himat where Gair Mumkin Talab has been encroached and house constructed. Court also directed to supplied the copy of the order to DC Jammu by registry as well wherein DC has been asked to submit the action take report against the land encroachers.
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