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Act on report, or appear in person: DB to Secy GAD
Alleged Encroachment by MP
2/20/2013 12:22:55 AM


Early Times Report
JAMMU, Feb 19: In the much publicized Public Interest Litigation filed by Prof SK Bhalla highlighting organized land grabbing by certain police officers/ politicians/bureaucrats in connivance with land mafia/under world in various parts of State. A Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today took serious note for not passed final decision on the report of VOJ, then the Secretary, General Administration Department shall remain present in person to explain alongwith the record as to show cause why appropriate proceedings be not initiated.
This significant order pertains to encroachment of more than 130 kanals of Government land at Village Karandi Khurd tehsil Hiranagar by two persons Ch. Lal Singh MP and his brother Rajinder Singh. The State Vigilance Organization after initiating proceedings submitted its report on April 24, 2006 to the Principal Secretary to Chief Minister at Jammu recommending the restoration of 92 kanals and 6 marlas of State land which was in unauthorized possession. Accordingly, the State Vigilance Organization has provided the requisite communication to General Administration Department on September 2, 2011. The aforesaid status report is supported by an affidavit of Commissioner of Vigilance.
Division Bench after hearing battery of lawyers further observed that on the last few hearing, Court have been impressing upon the respondent-State represented through Government counsel to take cognizance of the report of the Vigilance Organization and take a view in the matter one way or the other by passing a final order. At the resumed hearing today, a so-called 'action taken report' has been filed which does not in any way come near to the concern of the Court which was highlighted during the last hearing, namely, that the GAD should pass a final order on the report of the State Vigilance Organization. On the other hand, the Advocate General MI Qadiri has placed on record an Action taken Report/status report duly signed by the Additional Secretary to Government of J&K, GAD alongwith affidavit which is to the effect that response from Revenue Authority has not been received which is indicated in the letter dated February 12, 2013.
Division Bench is unable to reconcile the two contradictory stands, one taken in letter dated February 12, 2013 and the other taken in ATR. An effort was made by the Advocate General to explain the aforesaid contradiction by arguing that the report has not yet gone to the Chief Minister, Secretariat.
Division Bench further took serious note and ruled that if the order, as per undertaking of the learned Advocate General, is not passed then the Secretary, General Administration Department shall remain present in person to explain alongwith the record as to show cause why appropriate proceedings be not initiated.
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