Court refuses to accept closure report, directs further investigation

Issuance of permission to illegal occupants of defence land
Excelsior Correspondent
JAMMU, Dec 30: Special Judge CBI Cases Srinagar M S Parihar has refused to accept closure report in the alleged misconduct in the issuance of licence/permission for construction in favour of private persons as illegal occupants on the defence land.
The court has returned the final report along with relevant record to the Head of Branch CBI-ACB Srinagar with a direction to conduct further investigation under Section 156(3) of CrPC and also to look into 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 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 land and in taking appropriate steps to protect the State/Defence land, the court said, adding “the role of the revenue officials be also investigated in this case and upon the completion of the further investigation in this case, the further report as warranted under law be filed”.
The facts of the case as evident from the final report and documents submitted therewith are that a source information was received 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 Estates Office Srinagar and 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 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 Hospital Sonawar, Srinagar and Tramboo Joinery Mills situated near Government Cantonment G B Pant Children Hospital Sonawar, Srinagar.
On the completion of the preliminary enquiry, it was found that prima-facie offences under Sections 120-B,420 RPC; Section 5(2) read with Section 5(1)(d) of P.C.Act were made.