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| KP land encroached: CIC directs Srinagar police to reveal info | | | Early Times Report
Srinagar, Apr 16: The Chief Information Commissioner (CIC) has directed the Srinagar police to reveal details to a Kashmiri Pandit migrant about the action taken to remove encroachment at his ancestral land located in Budgam district.
It is alleged that the land of the Kashmiri Pandit who lives in Jammu from last 28 years has been encroached by some people at Sharifabad, which falls under Parimpora police station of Srinagar.
Details available with Early Times reveal that a Kashmiri Pandit migrant namely Moti Lal Harkara, of Channi Himmat, Jammu, filed an RTI application before the PIO in the office of SSP Budgam on 05.06.2017. He sought information on action taken regarding trespassing and encroachment on his land Khasra. No's. 6, 15 and situated at Sharifabad. The SSP office Budgam transferred the RTI application to PIO/DySP (Hqrs) Srinagar on the grounds that the said land did not fall within the jurisdiction of police district Budgam and it was part of the jurisdiction of police district Srinagar and police station Parimpora.
The Public Information Officer (PIO) of the police district Srinagar (Dy SP (Hqrs) Srinagar) provided the requisite information to Mr Harkara and also enclosed a copy of the report from the SHO Parimpora. The aggrieved filed second appeal filed before State Information Commission (SIC) on 28.12.2017 which was admitted on 07.02.2018 after completion of deficiencies. The appellant submitted that "the information given to him by PIO/ DySP (Hqrs) Srinagar is vague and that all points have not been replied leaving the appellant with no alternative but to file the second appeal.
The aggrieved further said that the response supplied is "far, far away from the actual facts because theft of clay has been committed in the month of March 2017 and response dated 26.09.2017 has been made available to the appellant on 9.10.2017 i.e. the date on which appellant received the same."
This second appeal came up for hearing initially on 20.03.2018, which was attended by Abdul Majid Malik, First Appellate Authority (FAA) / Addl. SP, Budgam and Irshad Hussain Rather PIO/ DySP (Hqrs) Srinagar. After hearing the 2nd appeal, the following directions were issued:
"In view of the absence of the appellant and with a view to provide him another opportunity to make his submissions before the Commission and also in respect of the counter statement dated 12.02.2018 sent to him by the PIO/ PIO/DySP (Hqrs) Srinagar. The hearing was adjourned. The first 60 days since the date of filing of this 2nd appeal expired on 07.04.2018. But in view of the need for conduct of more hearings for appropriate and judicious disposal of the appeal, the time period for disposal is extended by another 60 days w.e.f 07.04.2018 in terms of proviso to Sub-section-11 of Section-16 of the J&K RTI Act, 2009 "
The 2nd appeal came up for hearing again on 09.04.2018 before the CIC Khurshid Ahmad Ganai. The appellant was not present during the last hearing and once again he did not attend the hearing on April 9. The reply filed by the PIO/Dy SP (Hqrs) Srinagar was perused by CIC along with the report of SHO Parimpora.
"From the report of the SHO Parimpora enclosed with PIO's reply, it transpires that the subject matter of this RTI is trespassing/encroachment of land reportedly owned by the appellant Moti Lal Harkara. Such encroachments of migrant land are to be handled by the DC of the District who is the custodian of the Migrant property under the J&K Migrant Immovable Property (Preservation & Restraint on Distress Sales) Act of 1997. It would therefore be best for the appellant to approach the D C Budgam as the land is part of District Budgam, Tehsil Budgam for removal of any encroachment from his land.
"The DC/Revenue Department can then seek police assistance for implementation of the orders of the competent authority thereof. In the mean time, the PIO/DySP (Hqrs) Srinagar of District Police Srinagar is directed to ascertain the present position of the land through SHO of Police Station Parimpora and send the information so collected to the RTI applicant by way of reply to his RTI application. This may be done within 21 days from the receipt of this order.
"If there is any complaint pending with the SHO, Parimpora from the Revenue Department or from the appellant that may also be examined and considered for action under law. A copy of this order shall go to the parties and also to DC Budgam and SSP Srinagar for information and further necessary action. With these directions, the second appeal filed before the State Information Commission is disposed of," reads the order of CIC. |
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