Illegal Occupation Of State Land: High Court seeks details

Govt asked to present detailed list of occupants by September 30

D A RASHID

Srinagar, Sep 7: Jammu and Kashmir High Court has asked government to disclose within four weeks the names of those who have illegally occupied state land.
 A division bench of the court comprising Chief Justice M M Kumar and Justice Hasnain Massodi passed the directions after hearing Advocate SS Ahmed, representing the petitioner in a Public Interest Litigation filed by Sheikh Mohammad.
 Ahmed submitted that huge chunks of state land are under illegal occupation of the land mafia which allegedly includes bureaucrats, businessmen and politicians.
 He argued that regularization of land under Roshni Act, has expired in the year 2007 and the information divulged in the answer to a starred question in Legislative Assembly has been stated as the year 2012-13.
 He further argued that the vital part of the information was withheld as names of those in illegal occupation of land were not divulged as is evident from the reply to the question which mentions that the exact information regarding particulars of illegal occupants of state land is voluminous.
 He pleaded that the citizens are entitled to know identity and names of illegal occupants of the state land and are also interested in their eviction so that public exchequer is not deprived of the revenue as well as valuable land grabbed by the high and mighty.
 The Court in its order however held, “Accordingly, we direct that complete information divulging names of those who have occupied the state land illegally be disclosed in this court so as to take a view for further course of action”.
 Granting the government 4 weeks time to disclose the names, the court listed the case for next hearing on September 30.
 Regarding the prosecution of IAS officer Baseer Ahmad Khan in case (FIR 8/2009 VOK) pertaining to allotment of state land at Gulmarg, the court said that its order passed on 28-8-2013 has been complied with and further steps need to be taken in the case.
 “Accordingly further steps be taken to prosecute the officer and no order of this court shall stand in the way of further proceedings which have been initiated against the officer,” the court said.
 On August 28, the court had issued directions for forwarding the case of Baseer Ahmed Khan regarding sanction for prosecution to the Union of India.
 The court also directed government to file status report about the case involving an officer, Muhammad Yousuf Bhat in much publicized Electrification Scam of Panchayat Ghars of District Anantnag.
 "The sanction for prosecution has been accorded by GAD on May 10, 2012 but he challenged the FIR in proceedings under section 561-A which are pending before this Court and there is stay order prohibiting the prosecution to present the challan," the court observed.
 Earlier, senior Additional Advocate General G Basotra argued that necessary steps were required to be taken for vacation of stay order.

Lastupdate on : Sat, 7 Sep 2013 21:30:00 Makkah time
Lastupdate on : Sat, 7 Sep 2013 18:30:00 GMT
Lastupdate on : Sun, 8 Sep 2013 00:00:00 IST




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