Fayaz Bukhari
SRINAGAR, July 14: The Deputy Commissioner Jammu, A K Sahu, has refused to execute the shady land transfer deal of the Revenue Department of over 312 kanals of State land to a private party in Jammu, saying that the order has no Cabinet approval and is not in conformity with law.
The Deputy Commissioner Jammu, has shot a letter (Ref No. Dej/S-Q/2-14-15/975-78 dated 12-07-2014) to the Commissioner Secretary Revenue Department, Vinod Koul, in which he has expressed his reservations in execution of the shady land deal.
Sahu while refusing to execute the order writes that the Revenue Department order of transfer of State land measuring 312 kanals and 5 marlas situated in village Bain Bajal, Tehsil and district Jammu on lease for a period of 40 years in favour of the Jammu and Kashmir Housing Corporation Limited has no Cabinet sanction. “Reference of Cabinet decision and copy of Cabinet order has not been provided in this case which is required to be provided”, reads the letter.
The DC has asked the Commissioner Secretary Revenue Department to revisit the case as it is not in conformity with the law. “…it is requested that the case may kindly be revisited and necessary action may be taken accordingly in conformity with the rules/laws in this matter. Undersigned is unable to proceed further in execution of the lease deed in the given circumstances”, reads the DC’s letter.
Challenging the competence of the Commissioner Secretary Revenue Department, Vinod Koul, Sahu writes: “As per item 38 in IInd Schedule (Rule 8) of Jammu and Kashmir Business Rules all the proposal involving alienation either temporary or permanent or sale of Government property including land or temporary lease of immovable property of value more than Rs 50, 000 shall be brought before the Cabinet”.
“As per Rule (5) of J&K Land Grants Rule 1960, all available land has to be auctioned and for that Government has to convey its approval. In this particular case neither approval has been conveyed nor the auction of the available land has been done”, reads the letter.
The Deputy Commissioner in his letter has said that the Revenue Department order has not Jammu Development Authority or Housing Department clearance. “As this area falls within the Master plan of JDA and hence NOC of Housing Department/JDA is required for developing housing colony in the said area”, reads the letter.
Sahu writes that the execution of the Revenue Department order will lead into violation of Master plan of Jammu city and violation of High Court order that bars any construction in violation of Master plan after March 5, 2014.
The land transfer order (Rev/S/142 of 2014 dated 19-06-2014) issued by the Commissioner Secretary Revenue Department, Vinod Kaul, reads: “As recommended by the Deputy Commissioner, Jammu vide his letter No. DCJ/SQ/CHCL/Bain Bajal/2014-15/558 dated 29-05-2014 and keeping in view the pressing public demand for proper and modern housing facilities at affordable prices and also taking into consideration that such huge housing demand can’t be addressed by Government due to financial constraints, sanction is here by accorded to the transfer of State land measuring 312 kanals and 5 marlas situated in village Bain Bajal, Tehsil and district Jammu on lease for a period of 40 years in the first instance in favour of the Jammu and Kashmir Housing Corporation Limited subject to the payment of premium fixed by Deputy Commissioner (District Collector), Jammu as per prevailing potential value of the land and ground rent as admissible under rules…”
Sources said that the higher authorities have sought records of the shady land deal after Deputy Commissioner’s letter in which he has refused to execute the Revenue Department order.
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