Excelsior Correspondent
Srinagar, Oct 15: The Division Bench has set aside the writ court judgment quashing the order of attachment of property which was purchased in misappropriation of public exchequer earmarked for compensation in lieu of land acquisition.
The Division Bench has held that the writ court has seriously erred in entertaining the writ petition against the attachment order passed under Section 8-B (1) of Prevention of Corruption Act, 2006, by passing the statutory remedies.
“Accordingly, the impugned judgment dated 08.11.2017 is quashed and set aside. We also hold that Prohibition Order bearing No. SP (ABP)/11-FIR-312- 19 dated 01.03.2011 was valid for only for 90 days, in other words, it automatically lapsed after the period of 90 days. The writ court committed an error by returning a finding with regard to prohibition order which had become redundant by the efflux of time”, the DB concluded.
Court has dismissed the writ petition of accused, Tanveer Gul, challenging the attachment order and prohibition order with the direction that the petitioner is relegated back to avail statutory remedy in accordance with the mandate of Jammu and Kashmir Prevention of Corruption Act, 2006.
The misappropriation of Rs 20 crore which was earmarked for compensation in lieu of the acquisition of land for expansion of National Highway to four lanes in village Lethpora, Pulwama and adjacent villages.
The embezzled amount was required to be made for compensation in accordance with the award was to be disbursed amongst eligible beneficiaries and Land Owners by the then Additional Deputy Commissioner Pulwama in his capacity as Collector Land Acquisition, National Highway (Four Lanes).
It was found that during the period 2009-2010, compensation amount of over Rs. 20 crores meant for disbursement amongst the beneficiaries (Land Owners) whose land was acquired in village Lethpora and adjacent villages was misappropriated and FIR No. 174/2010 under sectiosn 409,120-B, 467,468, 171 and 420 of Ranbir Penal Code was registered at Police Station Awantipora.
Accordingly, the Government after registration of FIR referred the case to Vigilance Organization Kashmir (VOK) for investigation.
The VoK after investigation into the matter revealed that the compensation amount was transferred to the J&K Bank Branch Lethpora without having any official account of Additional Deputy Commissioner Pulwama in the said Branch.
It was further averred that one Nazir Ahmad Mir, then Manager – JK Bank Branch, Lethpora in criminal conspiracy with the Collector Land Acquisition and others opened and operated account in J&K Bank Lethpora Branch in the name of Collector Land Acquisition, Pulwama without following laid down procedure and without obtaining the required authority/specimen signatures of the Collector Land Acquisition, Pulwama as was mandatory for opening a Government Account.
It has been found that the accused persons in connivance with each other transferred Rs. 36,49,37,198.39 to the J&K Bank Branch Lethpora, Pulwama. From, the said account on the basis of fraud authority, the money was transferred to the personal accounts of the accused persons namely Showkat Ahmad Dar, Farukh Jahanzeb (husband of the accused Tanveera Gul) and others and huge property was purchased thereafter from the accused persons.
Finally the Commissioner Vigilance issued order of prohibition of sale and attachment of property purchased from the embezzled amount viz 5 Kanals and 7½ Marlas of land situated at Nowgam, 3 Kanals and 6 Marlas situated at Lalgam Tral, 9 Kanals and 8 Marlas at Mideora, 7 Kanals of Land at Noorpur Tral, 1 Kanal 6 Marlas at Shahbad Payeen, 4 Shops near District Court Complex, Pulwama and Two storey residential house raised over 1 Kanal and 14 Marlas of land at Iqbal Colony, Rawalpora.
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