Court directs ACB to register FIR against encroachers

20/03/2019

JAMMU, MARCH 19: Special Judge Anticorruption Jammu YP Bourney today directed Anticorruption Bureau to register FIR against encorachers of Nallah. This significant order has been passed in an application filed by DySP Shashi Thakur.
Special Judge Anticorruption Jammu YP Bourney after hearing Adv DS Parihar for the applicant whereas CPO for the Anticorruption Bureau observed that Supreme Court, in Lalita Kumari versus Government of U. P. and Others, has clearly defined the ambit and scope of preliminary verification/enquiry holding inter aha that such enquiry although not impermissible in corruption cases yet it has to be conducted in time bound manner that has to be concluded within a week's time. The scope of such inquiry/verification is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. It was further observed that a police officer cannot avoid his duty of registering offence if cognizable offence is disclosed and action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. It was a simple matter of the sort, a wakeup call by a group of individuals seeking action to save a seasonal nallah from the onslaught of encroachments. However, the manner in which instant case has been handled from the very beginning would only go in long way in discouraging the likeminded persons from taking recourse to legal process. It is only because ,of ineptness of these agencies to act in time that encroaches and their mentors within and outside the system are masquerading and plundering the natural resources of the state like Khads, nallahs, ponds and even the perennial Rivers like Tawi with impunity which have reached at the stage of near extinction or being narrowed down to dangerous proportions. Interestingly, these encroachments are further being protected at state's expense by raising concrete bunds/protection walls in the name of development and beautification of embankments at the cost of tax payers' money.
Court further observed that in the circumstances and as per the law laid down by the Supreme Court in Priyanka Srivastava versus State of U. P. it is a fit case for intervention of this court by invoking its jurisdiction under section 156(3) CrPC. In that view of the matter, directions are issued to the Anti corruption Bureau Jammu under the provision supra for the registration of an FIR in the case and to conducted investigations without further wastage of time. Directions of need to be given to the Settlement Officer concerned for the reconstruction the Masavi of the Land particularly under survey number 887 and also to furnish the complete details of the sellers and purchasers thereof from the very beginning till date within a fortnight's time and all other survey numbers at the earliest. It is made clear that further release of the salaries of officer and his assisting official/ shall remain subject to the compliance of these directions which shall be supervised by Dy. Commissioner Jammu. JNF

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