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DB of High Court directs CBI to conduct in depth enquiry in illegal constructions at Patnitop
12/31/2021 9:48:02 PM

Early Times Report

JAMMU, Dec 31: In a PIL filed by Harcharan Singh, a hotelier/owner of Krystal hotel and restaurant at Patnitop seeking demolition of the illegal/unauthorized buildings raised in green buffer areas of Patnitop a Division Bench of High Court directed CBI to conduct in depth enquiry within two months.
The DB comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani granted six weeks time to counsel for the CBI to produce the notification for the prosecution of the offenders. The DB has earlier directed the Director Central Bureau of Investigation to conduct in depth enquiry encroachment on forest land and other public land; illegal change of use and misuse of the land in violation of the permitted user; raising of illegal constructions; failure of the authorities to take action; fix the responsibility of the persons who were at the helm of affairs, were duty bound to and responsible for their taking action; their failure to proceed in accordance with law on issues regarding several aspects relating to the illegal constructions compounding and misuse thereof and; any other illegality which is revealed during the course of the enquiry.
The DB noticed that 37 hotels were constructed without permission of Patnitop Development Authority in violation of the master plan; out of the 58 hotels registered with the J&K Tourism Department under the provisions of the Jammu and Kashmir Registration of Tourist Trade Act 1978, the 21 hotels either have not been registered or their registration have expired; and, in certain cases, the Special Tribunal appears to have compounded major violations which were impermissible but even then the Patnitop Development Authority had chosen not to file appeal against the same.
It has also been stated that FIR dated 1-8-2020 has been registered against the wrongful gainers/owners/proprietors of the hoteliers and the officers of the Patnitop Development Authority and directed CBI to apprise the court as to the status of investigation in pursuance of the aforesaid FIR.
Monika Kohli, counsel for the Central Bureau of Investigation (CBI) informed that the CBI has completed the investigation and the other formalities for the prosecution of the offenders but the notification is awaited from the Department of Personnel and Training (DoPT), Government of India.
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