PIL seeking demarcation of 66436 kanals of JDA land in Jammu/Samba Districts

DB directs Div. Com. Jammu/VC JDA to give full details of the lands so far demarcated with photographs/videography

15/11/2018

JAMMU, NOV 14:Division Bench of the State High Court comprising Chief Justice Gita Mittal and Justice Alok Aradhe in a significant order has directed Sanjeev Verma (IAS) Divisional Commissioner Jammu and Vice-Chairman Jammu Development Authority to disclose particulars of the JDA land (26516 Kanals 06 Marlas) demarcated in Jammu District and 6094 Kanals 03 Marlas in Samba District stated to have been demarcated, possession whereof handed over to JDA and both the aforesaid authorities have been directed to file full details including location of the land and photographs/videography of the lands in question.
After considering the submissions of Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner in a PIL highlighting grabbing of more than 20 lakhs kanal of State Land by a powerful mafia comprising politicians, police officers, bureaucrats and revenue officials, the Division Bench headed by Chief Justice Gita Mittal further directed Divisional Commissioner Jammu and VC JDA that they shall simultaneously display particulars of all such lands on their websites and ensure that strict action is taken against any effort of the encroachment or illegal construction on the lands which belong to the JDA. The Division Bench further directed the Divisional Commissioner Jammu and VC JDA to file a status report and a compliance report of the above-referred directions within two weeks from today. The Division Bench further directed that the aforesaid two officers shall also ensure that action in terms of the orders already passed to recover the encroached lands continues and status reports regarding the same are regularly filed before this Court.
At the very outset when this PIL was taken up, Advocate Ahmed invited the attention of the Division Bench to the last status report filed by Sanjeev Verma (IAS) Divisional Commissioner Jammu being the Nodal Officer appointed by the Division Bench vide its order dated January, 30, 2018 wherein it was disclosed that in Jammu District JDA land 26518 Kanals 06 Marlas has already been demarcated and additional 4000 kanals has been delineated by District Jammu for handing over possession to JDA, which is now being jointly and actively reconciled with regard to the area to be put in possession of JDA. The said status report further disclosed that Additional Deputy Commissioner Samba during the meeting informed Div. Com. Jammu that in addition to 6094 kanals and 03 Marlas already demarcated in District Samba and to implement the orders passed by the High Court, efforts are afoot to reconcile additional 2000 kanals demarcated by Revenue Department with JDA for passing over the possession to JDA.
The Division Bench after considering the submissions of further submitted that all particulars and details of the lands which are further recovered shall also be placed on the websites with photographs and videography of the subject lands. The Divisional Commissioner shall also disclose action taken against the trespassers/ encroachers and the illegal constructions raised on the public land. The Division Bench further observed, "we would also like to be informed with regard to the manner in which the respondents are protecting the public land from further encroachment and trespassing and whether the same has been fenced or boundary walls placed on the security measures which have been undertaken".
The Division Bench headed by Chief Justice Gita Mittal further observed that given the volume of the lands which are involved, it may not be always feasible or possible to fence or put boundary walls. In this regard the Divisional Commissioner Jammu and VC JDA may explore the possibility of putting pillars and also display boards notifying the public at large that the land is owned by the public authorities. The status regarding the above shall also be disclosed in the status reports which are to be filed and the Division Bench further directed the JDA to place before the Court the road map with regard to the utilization of all these public lands in the status reports to be filed.
The Division Bench also allowed time to Senior Advocate Sunil Sethi with Advocate Parimoksh Seth to file reply on behalf of the private respondent within two weeks from today and also granted further two weeks time to Advocate S.S. Ahmed to file rejoinder within one week thereafter.
The Division Bench directed the Registry to list this PIL on December, 14, 2018 alongwith the connected matters. Advocate R.S. Jamwal Senior Panel Counsel also appeared on behalf of the petitioner and highlighted inaction of the JDA in taking action against the identified encroachers whereas Senior AAG S.S. Nanda appeared on behalf of Revenue Department and Advocate Adarsh Sharma appeared on behalf of JDA.
The Division Bench while parting with the order on the request of Advocate S.S. Ahmed directed the Registry to list I.A. No.48/2014 on November, 20, 2018 as Advocate Ahmed submitted that in the said interim application the applicant Advocate Ankur Sharma has sought the monitoring of the Roshini Scam by the State High Court. JNF

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