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| Harshdev urges GUV keep Azad govt July 1st order in abeyance | | | Early Times Reporter
Jammu | July 30
The former minister and chief spokesman of JKNPP has urged upon the Governor N.N Vohra take cognizance of the legal infirmities in the cancellation order of July 1, 2008 passed by the G.N Azad’s Govt and keep said order in abeyance on legal grounds.
Addressing a press conference here today, Harsh said that July1, land Revocation order of the state cabinet is illegal and is being violative of sec 12 and sec 15 of the Shri Amarnath Shrine Board Act 2000. He said 12 provides that every decision of the Board shall be passed by majority of votes in a meeting of Board which shall be attended by a minimum of five members, while sec 15 further clarifies the whole position by providing that no land or other immovable property connected with the Shrine Board shall be alienated except by a resolution of the Board.
He said, the sequence of events in the present case would indicate that the decision for alienation of the land allotted in favor of SASB by earlier cabinet decision was taken not by the Board but the chairman SASB in his individual capacity without convening the meeting of the Board and without deciding the questions by a majority of the votes. This is a violation of Section 12 of the said act of 2000, he said.
Similar lily land vested in the Board by virtue of the earlier cabinet decision was declined and thus again alienated in favor of the Government by the chairman of SASB without a resolution of the Board which too was mandatory under Section 15 of the Shrine Board Act 2000.
The cabinet has no authority to transgress the statutory of law. It has no power to take any decision which is a violation of the law of the land. The July 1, cancellation order of the state Cabinet being violative of Section 12 and Section 15 of the Shri Amarnath Ji Shrine Board Act needs to be treated as nullity and status quo ante as it existed before July 1 needs to be restored by vesting the SASB with the user right of the 800 canals of the lend for development of facilities for pilgrims.
The governor being the constitutional head of the state and custodian of the law of the land must correct the legal wrong done in this case. He must rectify the “judgmental and legal error” committed in the case and further declare the cabinet decision and the resultant government land revocation order as in operative in view of its having been vitated by Legal infirmities, he said and added, Governor may consult the legal luminaries and other legal experts on the issue and till then keep the impugned order of July 1 in abeyance.
The religious sensibilities of the people of the region need to be respected. The situation is to be saved from further deterioration as such governor needs to act forth wide before the situation gets out of control, He said people of Jammu region have been nursing a genuine feeling of neglect and discrimination, and feel deprived, discriminated and let down by successive governments.
He appealed the Jammu leadership to be very carefully, cautions and responsible and ensure delicate handling of the sensitive situation. Any provocation or inept handling and ensure delicate handling could defeat the very purpose and lead to disaster rather than achieving the objective for which the people of region have stood up as united force. |
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