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Place on record investigation status report: DB to CBI
PIL regarding illegal constructions at Patnitop
5/11/2022 11:34:19 PM
Early Times Report

JAMMU, May 11: In a PIL filed by Harcharan Singh, owner of Krystal Hotel and Restaurant at Patnitop while seeking demolition of the illegal/unauthorized buildings raised in green buffer areas of Patnitop in which Division Bench on December 31, 2019 directed CBI to conduct indepth enquiry within two months. The division bench comprising Justice Dhiraj Singh Thakur and Justice Rahul Bharti after hearing Advocate Monika Kohli appearing for the CBI who stated that the notification, which was awaited from the Department of Personnel and Training (DoPT) Government of India, has since been received by the CBI and that they would investigate the matter for which a minimum period of approximately two months is required, directed to file status report with regard to investigation conducted. It is worthwhile to mention here that on December 31, 2019 the DB directed Director CBI 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.
It is worthwhile to mention here that apart from many irregularities pointed out therein, the court noticed that 37 hotels were constructed un-authorized without the permission of Patnitop Development Authority (PDA) in violation of the master plan; out of the 58 hotels registered with the 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 PDA 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 PDA and directed CBI to apprise the court as to the status of investigation in pursuance of the aforesaid FIR.
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