Early Times Report
Jammu, Feb 19 (JNF): A much publicized Public Interest Litigation against alleged nexus politicians, police officers, bureaucrats allegedly in connivance with land mafia in various part of J&K for allegedly land-grabbing, A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Dhiraj Singh Thakur observed that vide order dtd September 4, 2013, this Court had directed to divulge the name of land encroachers, However, till today the order has not been adhered with nor the Chief Secretary has taken any stand with regard to the future course of action concerning the huge encroachment on the State land.
Upon this Division Bench directed Chief Secretary to file response before the next date of hearing, failing which the Chief Secretary shall remain present in person to explain his conduct.
Division Bench further observed that Information with regard to encroachment in Kashmir Valley and revised information with regard to some area like Baramulla has been furnished in the Court in ten volumes. In an petition filed by 71 alleged encroachers seeking their impleadment as party respondents regarding alleged encroachment of 400 Kanals of JDA Land at Gole Gujral meant for colony of economically weaker sections of the society in the PIL on the ground that they are in occupation of the said land for the last more than 20 years and have raised their pacca structures on the said land, Division Bench permitted them to join as party respondents and directed respondents to file Objections, before the next date of hearing.
One Ram Krishan r/o Bhagwana Chack Tehsil Hiranagar and District Kathua filed an application for intervening in the PIL on the ground that he pointed out certain encroachments regarding the illegal/ unauthorized occupation of 189 kanal and 01 marla of state/ common land bearing khasra no.1020/471,719,671,670,561,564,666, 665, 7 Kanal 5 Marla bearing Khasra no. 25 (Shamshan Ghat), 36 Kanal 8 Marla bearing Khasra no. 244 (Mafide-aam) and 8 Kanal 11 Marla bearing Khasra no. 381 (Pond/Talai), situated at village Bhagwana Chack, Tehsil Hiranagar & District Kathua to the notice of Deputy Commissioner Kathua and Tehsildar Hiranagar but no action has been taken against the powerful encroachers. The applicant alleged that till date the expiry of more than one year the encroachment in question has not been removed as the encroachers are musclemen and resourceful person and are being shielded by the politicians and revenue officials "The encroachers be also identified and suitable action be initiated against them, court observed directed that Deputy Commissioner Kathua filed affidavit before the next date of hearing.
Division Bench also took serious note of the encroachment of JDA Land and observed that in this application encroachment on the huge land of Jammu Development Authority has been indicated and despite notice issued on 09.12.2013 response has not been filed and directed that If the response has not been filed before the next date of hearing, Vice Chairman, JDA shall remain present in person and JDA authorities shall also ensure that organizations identifies the encroachers and place the list of encroachers before the Court along with details of officers who were on duty in the area and directed the Regsitry to list this PIL on March 18, 2014.
Pertinently in this PIL Adv SS Ahmed with Adv Suraj Singh appearing for the PIL, whereas Sr. Adv MA Goni with Adv Ajay Singh Kotwal, Adv RS Jamwal, Adv SS Andotra for the applicants whereas Sr. AAG Gagan Basotra, AAG HA Siddqui for the state whereas Advocates Mohsin Bhat and Asheesh Singh Kotwal for the private respondents. |
