Excelsior Correspondent
JAMMU, Dec 8: In the much publicized Public Interest Litigation (PIL) highlighting encroachment of 20 lakh kanals of State land by the mafia in league with politicians, revenue and police officials, Division Bench of the State High Court comprising Justice Ramalingam Sudhakar and Justice M K Hanjura today expressed displeasure over the non-cooperation/ infighting amongst JDA, Revenue and Police officials regarding the demarcation of 66436 kanals of JDA land in Jammu and Samba districts.
The DB also sought personal appearance of Vice-Chairman JDA, Deputy Commissioners and Senior Superintendents of Police of Jammu and Samba on December 26 for explaining their positions in not adhering to the time schedule of five months fixed by the Division Bench for demarcation of JDA land.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Supriya Chouhan appearing for the PIL whereas Deputy Advocate General Ehsan Mirza for the Revenue Department and Senior AAG W S Nargal for Home Department, the Division Bench, in the open court, expressed its deep concern over the repetitive status reports filed by JDA and Revenue Department taking contrary stands thereby wasting the precious time of the court and also delaying the demarcation of the massive JDA land which stands encroached by the land mafia.
Advocate Ahmed at the outset drew the attention of the Division Bench towards the order dated April 11, 2017 passed by a Division Bench headed by Chief Justice Badar Durrez Ahmed whereby both JDA and Revenue Department were directed to demarcate the entire JDA land measuring 66436 kanals situated in Jammu and Samba districts within a period of five months.
“Deadline of five months fixed by the Division Bench stood expired on September 11, 2017 and around 7000 kanals of JDA land has been demarcated so far and there is open fight amongst the JDA, Revenue and Police agency and all the status reports filed by VC JDA have expressed complete non-cooperation by Revenue and Police”, he further submitted, adding “from the perusal of the various status reports filed by VC JDA it is apparent that the Revenue Department is remiss in timely providing the field staff with the result the demarcation exercise has failed to conclude within the fixed schedule”.
He further submitted, “Revenue Department is deliberately and intentionally creating obstacles in the demarcation process as the JDA land has been grabbed by big sharks in connivance with the revenue officials and so far only poor and nomads have been targeted and the rich and influential people have not been touched as they are enjoying the political backing”.
He also submitted that the Vice Chairman JDA in a Miscellaneous Petition has highlighted indifferent attitude of Jammu Police. “The IGP Jammu is on record to say that he is short of man power and cannot provide permanent security to the JDA and its officers despite the express directions of the Division Bench”, he added.
“The various status reports filed so far by JDA/Revenue and Police have only exhibited blame game and this all is being done to scuttle the demarcation drive in order to give a safe passage to the sharks”, he further said.
On the other hand, Deputy Advocate General Ehsan Mirza appearing for Revenue Department submitted that Revenue Department was extending full cooperation to the JDA, which has leveled unfounded allegations against the Revenue Department. “As per Sections 94 and 96 of the Land Revenue Act the job of the revenue agency is only to put marks at specific points and not to deliver possession to the JDA”, he added.
Similarly, Senior AAG Wasim Sadiq Nargal appearing for Home Department submitted that IGP Jammu has extended full cooperation by providing security cover to the demarcation teams.
While rebutting the submissions of Senior AAG and Deputy Advocate General, Advocate Ahmed submitted that there was enough material on record to show the infighting going on between JDA, Revenue and Police.
After considering the submissions from both the sides, the Division Bench directed the personal appearance of Vice-Chairman JDA, Deputy Commissioners Jammu/Samba and Senior Superintendent of Police, Jammu/Samba on the next date of hearing—December, 26, 2017.
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