Excelsior Correspondent
JAMMU, Apr 7: In a Public Interest Litigation (PIL) filed by JKNPP supremo Prof Bhim Singh, Division Bench of High Court comprising Chief Justice N Paul Vasnthakumar and Justice Bansi Lal Bhat today quashed the decision taken by the Advisory Committee on 10.03.1997 as also Government Order No.242/FST of 1998 dated 10.06.1998 in regard to transfer of forest land measuring 623 kanals and 10 marlas in village Sidhra in favour of JDA.
After hearing Advocates HC Jalmeria and Pranav Kohli for the petitioners whereas Senior AAG SS Nanda appearing for the State and Advocate Adarsh Sharma appearing for the JDA, the DB observed, “the factual position emerging from the status report and the supplementary affidavits placed on record indicates that out of 623 kanals and 10 marlas of forest land situated in village Sidhra, land measuring 517 kanal and 10 marlas was transferred to JDA but in view of the emphatic stand taken by respondents it can be said without fear of contradiction that such order remained a paper order and was never acted upon”.
“There is no controversy in regard to the 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 actual physical possession of land measuring 623 kanals and 10 marlas of forest land to JDA, allotment to the extent of 200 kanals in favour of Batra Hospital and 100 kanals in favour of Ravish Trehan for establishment of Dental College out of such forest land cannot be countenanced”, the DB said.
“The controversy, however, is still not set at rest as a very vital issue in regard to valid transfer of forest land measuring 623 kanals and 10 marlas in favour of JDA is questioned by the petitioner in PIL who has filed a supplementary affidavit stating therein that after going through the record produced by respondents, it appears that only 3 out of 12 members had attended the Advisory Committee meeting held on 10.03.1997 constituted under Rule 3 of Jammu and Kashmir Forest (Conservation and Afforestation) Rules 2000”, the court said.
Division Bench further observed that from perusal of record, it emerges that only FC Planning, Additional Chief Secretary Forest and Principal Chief Conservator of Forests had attended the 12th meeting of Advisory Committee held on 10.03.1997 whereas corum for the meeting in terms of Rule (5) had to be six. “It is manifestly clear that the decision taken in regard to transfer of land measuring 517 kanal and 10 marlas out of land measuring 623 kanals and 10 marlas of forest land in favour of JDA lacked the requisite corum as such transfer of land in favour of JDA cannot be termed to be based on a valid decision taken by the competent authority”, the DB added.
“The Advisory Committee being woefully short of the requisite corum, the decision regarding transfer of land in favour of JDA is rendered non-est and void ab initio. Exercise of power by the Committee lacking in corum is a fraud on the statute and not binding on the Government. Officers involved in taking such a decision are liable to be taken to task and made accountable for taking such a sensitive decision, that too in regard to the forest land, transfer whereof for non-forestry purpose is impermissible”, the DB observed, adding “otherwise also, it is 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”.
“We have no doubt in our minds that the stand taken by respondents is in collusion with the intended beneficiaries which appears to be emanating from mala-fides. This would be a subject area for probe by the competent authority which is expected to step in and stem the rot”, the DB said.
With these observations, the DB disposed of the PIL by quashing the decision taken by the Advisory Committee held on 10.03.1997 as also Government Order No.242/FST of 1998 dated 10.06.1998 in regard to transfer of forest land measuring 623 kanals and 10 marlas in village Sidhra in favour of JDA.
The DB directed the respondents to refund the amount of Rs 5 lakh deposited by petitioner – Jammu Dental Charitable Trust with interest calculated at the rate of 6% from the date of deposit unless the same has been refunded/withdrawn by the petitioner.
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