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| Court grants bail to former IAS officer in Roshni scam | | | Early Times Report
JAMMU, Jan 28: Special Judge CBI Srinagar Jatinder Singh Jamwal granted bail to Basharat Ahmad Dhar, then Divisional Commissioner in Roshni Scam. According to the CBI in compliance to the J&K High Court order, records of FIR 26/2015 dated 22-4-2015 of P/S VOK (now ACB) have been received from ACB, UT of J&K.
According to the FIR a preliminary verification conducted by Vigilance Organization into the allegation of irregularities committed in the transfer of State Land in District Srinagar under Roshni Scheme has revealed that officers/officials of Revenue Department have abused their official positions to confer undue pecuniary benefit upon the occupants of state land by arbitrarily fixing the price of state land lower than the prevailing market rate of the area, incorrect categorization of occupants, conferment of ownership rights to non-entitled persons etc.
The verification has revealed that in 2007, ownership rights of state land measuring seven Kanals seven Marias under Khasra No.216, 217 and 218 in Estate Nursingh Garh site at Shaheed Gunj have been vested in favour of one Sajad Parvez S/o Talib Hussain R/o Baghat-e-Barzulla, Srinagar under commercial category @ Rs.45.00 lacs per kanal by an empowered committee in its meeting held on 28-4-2007.
It has been found that Sajad was not the occupant at all in terms of section 2 (o) of State Land (Vesting of Ownership Rights to the Occupants) Act to which the ownership rights could have been conferred. He was only an authorized agent of the lessee Ashok Sharma and Bipan Sharma by virtue of “Special Power of Attorney”.
Despite having knowledge that Sajad not the occupant but only an authorized agent of the occupant, the above-mentioned empowered committee conferred ownership rights to a non-entitled person.
The verification revealed that the report and the site plan forward by field formations, clearly reflect that out of the leased/possessed land one Kanal four Marlas (33 x 228’) is hit by Ribbon Development Act and only the remaining area (six Kanals 03 Marlas) was available for vesting of ownership Right to the occupant. But in quite disregard to the provisions of State Land (Vesting of Ownership Rights to the Occupants) Act, the empowered committee has decided the whole chunk of land i.e. 7 Kanals 7 Marlas in favour of Sajad.
During verification, it has been found that the empowered committee in its meeting held on 28-4-2007 decided the case under commercial category because the land was found both in residential as well as commercial use.
But the subsequent empowered committee while acting on the application of the beneficiary changed his category to residential field formations but changed the category merely on the plea of the applicant that he has opted for the residential category. As per provision of the Act, where the land is in residential as well as commercial use, the rates of commercial category shall apply and there is no scope under the Act for the option of the occupant.
The verification revealed that the empowered committee has fixed a rate of Rs. 65.00 lakh per Kanals in the case of Abdul Majid Ahanger and others and in the case of M.L. Dhar and others in the same location; one opposite and another adjacent to the above mentioned plot of land.
As such, the patch of land measuring 7 Kanals 7 Marlas could have fetched Rs. 2, 14, 98,750 to the state ex-chequer under commercial category @ Rs. 65.00 lacs per kanals instead of Rs. 1,17,28,125/- paid by the accused beneficiary. Thus officers/officials of Revenue department in league with Sajad caused a minimum loss of Rs. 97, 70,625 to the state exchequer.
Special Judge CBI Srinagar observed that the proceedings of the criminal case, registered vide FIR RC 4(A)/2020 of Police Station: CBI, ACB, Srinagar for commission of offence made punishable under Section 420 of RPC read with Section 120¬B of the Code as also for offence under Section 5(2) of the J&K Prevention of Corruption Act, Svt, 2006 read with Section 5(1)(d) of the Act, which is sub¬judice against him and others, the applicant, namely Basharat Ahmad Dhar–the accused No. 1, commenced the present application, on virtual mode on 19¬01¬2022, with the prayer for grant of bail inter¬alia on the grounds of innocence and false implication. It is further submitted that the investigation of the case stands completed and, therefore, his presence is not required by the investigating authority for any purpose.
The court observed that no resistance is offered to the present application by the prosecution in its ‘statement of objections’. It is submitted that the accused fully cooperated with the investigating authority during the investigation of the case and, therefore, he was never arrested.
The court after hearing both the sides observed that although, the offences for the purported commission of which accused stands charge sheeted are non¬bailable yet the same are not punishable either with death sentence or imprisonment for life and, therefore, the embargo laid in Section 497 of J&K CrPC is not attracted in the present case. |
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