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DB warns state of contempt action in case court orders not complied
Alleged Encroachment of state land case:
12/16/2015 10:48:56 PM
Early Times Report

Jammu, Dec 16: In a significant order in a PIL highlighting land grabbing of state land by the land mafia in connivance with politicians, bureaucrats and police officers, a Division Bench (DB) of the State High Court comprising Justice Mohammad Yaqoob Mir and Justice B S Walia extended six weeks time to file the compliance report by the Revenue Department and observed in the open court that in case of default serious view will be taken against the authorities. Division Bench further warned to frame rule in the matter and also noted with concern that even personal appearance of the officers will be indispensable.
The Division Bench after considering the submissions of counselor appearing for petitioner observed that the status report filed by SVO is not in conformity with the mandate of the court order dated May, 6, 2015 and directed SVO to file a fresh status report in the matter strictly as per the previous orders of the court within six weeks from today.
Earlier counsel for petitioner also submitted that the AAG has filed objections in a miscellaneous application wherein the petitioner is seeking a direction to the state authorities to retrieve excess land from the RB Educational Trust, Kathua which is a family trust of incumbent Health Minister Ch. Lal Singh and Advocate Ahmed prayed for some time to file response to the said objections and the Division Bench allowed the prayer of Advocate Ahmed.
Division Bench considered the Miscellaneous Applications filed through Advocate Jagpal Singh and Advocate SS Andotra. The Division Bench was informed by Advocate Andotra that pursuant to the action taken by the Deputy Commissioner Kathua and Tehsildar Hiranagar on the directions of the Division Bench the encroachers were evicted and subsequently the encroachers filed a revision petition before the Divisional Commissioner Jammu and obtained a status quo order.
The Division Bench directed that a copy of this order be sent to the Divisional Commissioner Jammu for ascertaining the status of the said revision petition.
Meantime counsel for petitioner also drew the attention of the court towards the orders passed by the Division Bench on May, 6, 2015 and October, 26, 2015 when the Division Bench had noted with concern the massive encroachment of state land measuring 20-lakh kanal throughout the State of J&K. He submitted that more than 13 volumes have already been filed by the Divisional Commissioners Jammu/Kashmir indicating the identity of the encroachers' district wise. He further submitted that the State Government is non-serious/casual in its approach towards the removal of the encroachments and added that a time bound direction be issued in the matter so that the respondent-state functionaries are compelled to take effective steps for retrieving the state land measuring 20-lakh kanal.
Apart from this he further drew the attention of the Division Bench towards the status report filed by the State Vigilance Organization in the multi-crore Roshini Land Scam. He submitted that the SVO is also taking orders of the Court casually as despite the express directions of the Division Bench the status report is completely silent with regard to the date on which the investigation was finalized and on which date the matter was referred to the sanctioning authority for accord of sanction in those cases where matters are awaiting sanction. He also submitted that all the big sharks are being deleted from the array of accused by the SVO and only small fries are being targeted.
Government Advocate Ahtsham Bhat appearing vice AAG Ehsan Mirza sought some more time to file the compliance report in the matter. --(JNF)
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