Misconduct in issuance of licence, permission of construction in favour of private persons as illegal occupants on the defence land

Court refuses to accept closure report and directs CBI for further investigation

31/12/2020

Jammu, Dec 30: Special Judge CBI Cases Srinagar MS Parihar refused to accept closure report in alleged Misconduct in the issuance of licence/permission of construction in favour of private persons as illegal occupants on the defence land, ordered that final report/closure report along with relevant record filed by the CBI is returned to the Head of Branch CBI-ACB, Srinagar with a direction to conduct further investigation under Section 156(3) of Cr.P.C in the case in the light of the observations made hereinabove and also to investigate the role of the officials of the trust in executing different lease deeds in favour of different private persons with respect to State/defence land, who had raised huge constructions over the said land. The role of the officers/officials of the Cantonment Board Srinagar and Defence Estate Office, Srinagar be also further investigated for their deliberate acts of omissions and commissions in allowing the raising of unauthorized constructions over the said land and in taking appropriate steps to protect the state/defence land. The role of the revenue officials be also investigated in this case. Upon the completion of the further investigation in this case, the furher report as warranted under law be filed.
The facts of the case as evident from the final report and documents submitted therewith are that on the basis of a source information recieved by the CBI-ACB, Srinagar to the effect that Tariq Ahmad Khanday Junior Engineer Cantonment Board, Badamibagh Srinagar and some unknown officers/ officials of Defence Esates office Srinagar & Badamibagh Cantonment Srinagar have committed criminal misconduct in the issuance of licence/ permission of construction in favour of private persons as illegal occupants on the defence land. The preliminary enquiry was conducted regarding the allegations that below mentioned illegal constructions have been raised within the jurisdiction of the Badamibagh Cantonment Board, Srinagar on the defence land are Hotel Solomon situated within the Cantonment Board Area Sonawar, Srinagar, Hotel belonging to one Tariq Ahmad Wani resident of Pampore situated near Government Cantonment G.B.Pant Children Hosptial Sonawar, Srinagar and Tramboo Joinery Mills situated near Government Cantonment G.P. Pant Children Hospital Sonawar, Srinagar. On the completion of the preliminary enquiry conducted by the inquiry Officer of the CBI, it was found that prima-facie offences under Sections 120-B,420 RPC; Section 5(2) readwith Section 5(1)(d) of P.C.Act were disclosed.

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