DB expresses displeasure over non-filling of status reports by VC JDA & IG JMU

DB directs IG & VC to file reports within one week or appear in person

20/07/2017

Jammu, July 19: In the much publicized Public Interest Litigation highlighting encroachment of more than 20 lacs Kanals of State land in State of J&K allegedly by land mafia in league with politicians/bureaucrats/ police officers, A Division Bench of the State High Court comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta while expressing displeasure over the non-filling of status reports by the Inspector General of Police Jammu and Vice Chairman JDA, directed both the officers to file their requisite status reports before the next date of hearing and in default they shall appear in person on the next date of hearing.
After hearing Adv Sheikh Shakeel Ahmed with Advocates Irfan Mohammad Khan and Supriya Chauhan appearing for the PIL whereas Deputy AG Ehsan Mirza for the Revenue Department, Adv Adarsh Sharma for JDA, Seema Shekhar Sr. AAG for GAD and battery of lawyers, Division Bench comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta while referring to order dated May 23, 2017, observed that several directions were passed including one that JDA shall file an affidavit clearly specifying the extent of land which has been demarcated as well as the land from which the encroachments have been removed and the particulars of such land shall also be furnished.
In an application filed by JDA¸ Division Bench had further directed Inspector General of Police Jammu on the last date of hearing to conduct an enquiry into the alleged role of the Station House Officers whose reference is made in paragraph 9 of the application and the enquiry report was directed to be filed in the court on or before the next date of hearing.
Adv SS Ahmed submitted that both Vice Chairman Jammu Development Authority as well as Inspector General of Police Jammu have not filed the requisite status reports despite the express directions issued by the Division Bench on May 23, 2017. He further submitted that a Division Bench of this Court headed by Chief Justice had directed the complete demarcation of JDA land which is admittedly under encroachment by land mafia and further submitted that VC JDA is required to apprise the Court about the extent of encroachments removed and the pace of demarcation and also the names of the encroachers who have encroached JDA land in Jammu as well as Samba District.
Adv Ahmed further submitted that IGP Jammu has also not produced his enquiry report as VC JDA in the application had leveled serious allegations against police agency for siding with alleged land mafia. He further submitted that the instant PIL is infact for the benefit of JDA which is crying for its land bank.
After considering the submissions of both the sides, Division Bench headed by Justice Tashi Rabstan expressed displeasure over the lackadaisical approach of the senior functionaries of the state Govt and granted only a weeks' time to both officers to file their requisite status reports and in default they were directed to appear in person on the next date of hearing. Division Bench further directed that the JDA and Revenue Department may proceed to the demarcation of land in question.
Today Senior Advocate MK Bhardwaj with Adv Vasu Dubey highlighted encroachment of State land measuring 19 Kanal 7 Marlas situated at village Harnota Tehsil Ramkot District Kathua, Division Bench considering the nature of allegations directed the Divisional Commissioner Jammu to get the encroachment of state land removed and also directed him to file the status of land.
Division Bench also disposed of applications filed by Advocates AM Malik and Parvinder Singh seeking regularization of plots situated at Nanak Nagar Jammu. Division Bench on the parity of orders already passed directed the JDA to pass speaking orders within one month.
Adv Rameshwar Singh Jamwal appearing for the PIL drew the attention of the Division Bench towards the non-initiation of action against identified encroachers and Adv Adarsh Sharma reacting to this submitted that the colony referred by the Advocate Jamwal is under the process of regularization and the demolition cannot be carried out.
Adv Surjit Singh Andotra appearing in application seeking removal of encroachment sought directions to the Divisional Commissioner Jammu to file the updated status report in terms of order dated July 19, 2015 and Division Bench in view of urgency expressed by Adv Andotra directed Deputy AG Ehsan Mirza to file latest status in terms of earlier order. Looking into the importance of the matter, Division Bench directed Registry to list this PIL in week following the next. JNF

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