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| HC quashes Govt order for transfer of 623 kanal forest land at Sidhra to JDA | | | Early Times Report
Jammu, Apr 7: In a PIL, alleging transfer of 623 kanals 10 marlas of forest land at Sidhra to JDA for construction of a colony, a high court division bench of Chief Justice N Paul Vasnthakumar and Justice Bansi Lal Bhat today quashed the March 10, 1997 advisory committee decision and the June 10, 1998 government order No 242/FST in this regard.
The bench also disposed the petition with a direction to respondent No 5 to refund Rs 5 lakh deposited by petitioner - Jammu Dental Charitable Trust -- with interest calculated at the rate of 6 pc from the date of deposit unless the money was withdrawn by the petitioner.
The bench observed that the factual position emerging from the status report and the supplementary affidavits placed on record indicated that out of 623 kanals 10 marlas of forest land at Sidhra, 517 kanal 10 marlas was transferred to JDA, but in view of the stand taken by respondent No 1 and 2, it could be said without fear of contradiction that such order remained a 'paper order' only and was never acted upon. "There is no controversy with regard to remaining 106 kanals of forest land which continues to be in physical possession of forest department with a nursery maintained thereon. In view of the finding that the forest department did not handover physical possession of 623 kanals 10 marlas of forest land to JDA, allotment of 200 kanals in favour of Batra Hospital and 100 kanals in favour of Ravish Trehan for establishment of Dental College cannot be countenanced. The controversy, however, is still not set at rest as a very vital issue with regard to transfer of 623 kanals 10 marlas of forest land in favour of JDA is questioned by the petitioner who has filed a supplementary affidavit stating therein that after going through the record produced by respondent No 3, it appears that only 3 out of 12 members had attended the March 10, 1997 advisory committee meet ," the bench said.
The court said, from perusal of record, it emerged that only planning FC, additional chief secretary, forests, and the principal chief conservator of forests had attended the March 10, 1997 advisory committee meet even as quorum for it had to be six. So the decision for transfer of 517 kanal 10 marlas out of 623 kanals 10 marlas of forest land in favour of JDA lacked the requisite quorum and could not be termed as valid.
The officers involved in taking such a decision were liable to be taken to task and made accountable for taking such a sensitive decision as the transfer of forest land for non-forestry purpose was impermissible. Otherwise also, it was fraught with serious consequences to ecology and environment besides resulting in irreversible damage to the eco-system, health of the local populace and flora and fauna. In view of the specific stand taken by respondent Nos 1 and 2, there was no doubt that the stand taken by respondents 3 and 4 was in collusion with the intended beneficiaries which appeared to be emanating from mala-fides. This would be a subject area for probe by the competent authority which was expected to step in and stem the rot, the court said.
It was alleged in the PIL that the state government had passed a resolution asking JDA to acquire land across Tawi river to construct a Muslim Migrants Colony. Then chief secretary had on May 23, 2002 written a D O letter, directing territorial DFO, Jammu, to immediately handover the forest land to JDA, who, in turn, directed his subordinates to handover the land by May 30, 2002 positively. It is alleged that around one million people of Jammu would have to suffer the consequences in the shape of destruction of forests and greenery around the city. Instances in the past involving destruction of forest area in Trikuta Nagar, Bagh-e-Bahu, Gandhi Nagar areas were cited in this regard to show and demonstrate plunder of forests and damage done to ecology by deforestation even when afforestation had been taken up with the World Bank aid. (JNF) |
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