*Govt agencies gave NOCs without analyzing title of land
Mohinder Verma
JAMMU, May 31: Minister for Animal and Sheep Husbandry and BJP MLA from Kalakote, Abdul Gani Kohli, has landed in a big trouble as the Revenue Department has finally established that all the educational institutions owned and managed by him and his family members are existing on the State land in Sunjwan area of city outskirts.
These revelations have also put a question mark on the functioning of several Government agencies which gave No-Objection Certificates (NOCs) to the Trust of Mr Kohli for establishment of various educational institutions without analyzing the title of the land.
The Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice B S Walia on May 10, 2016, while reprimanding the Deputy Commissioner Jammu, had directed for demarcation of the land in question within a period of 10 days.
The demarcation through the Revenue Department became imperative as the Divisional Forest Officer (Demarcation), Division No.1 Jammu, in response to a Public Interest Litigation (PIL) filed by Ankur Sharma submitted vide letter No.238-40/DMR dated August 7, 2015 that Khasra No.356 on which the educational institutions owned and managed by Abdul Gani Kohli are existing is a forest land as per the record available with Revenue Wing of the Forest Department.
However, Tehsildar Bahu vide his letter No.1473/OQ/TB dated October 3, 2015 communicated that no joint demarcation exercise was conducted by the Revenue and Forest Departments and to this extent no report is available in his office. He, however, made reference of a report regarding demarcation of B N College land in village Channi Rama under Khasra No.264.
As per the directions of the Division Bench of the High Court, the Deputy Commissioner Jammu constituted a six member team of Revenue Department headed by Tehsildar Bahu and after a detailed exercise the team submitted report mentioning that all the educational institutions owned and managed by Abdul Gani Kohli and his family members are situated on Khasra Number 264 of village Channi Rama, which is a State land.
The team strictly followed all the reference points and field book of the Revenue Department before arriving at a conclusion that Kohli’s educational institutions-BEd and ETT Colleges, Para-Medical Institute, B N School and branch of Jammu and Kashmir Bank are existing on Khasra No.264, which is a State land measuring 1900 kanal, reliable sources told EXCELSIOR.
They informed that the report of the team was furnished to the State Vigilance Organization this morning for placement before the High Court in the PIL titled Ankur Sharma Versus State of J&K.
When contacted, Deputy Commissioner Jammu, Simrandeep Singh confirmed that a confidential report was submitted to the Vigilance Organization. He, however, refused to divulge the details and said, “the matter is sub-judice”.
Stating that BJP’s Minister has landed in a serious trouble, sources said, “on one side the Forest Department is claiming that Khasra Number 356, which has been reflected in the documents submitted by the Trust of Abdul Gani Kohli to seek No-Objection Certificates from different agencies of the Government for establishment of educational institutions, is a forest land and on the other side the Revenue Department, while questioning the authenticity of the Forest Department’s claim, has come to the conclusion that all the institutions have been established on Khasra Number 264, which is a State land”.
“In any case, Abdul Gani Kohli is an illegal occupant”, sources said, adding “the High Court, which is hearing the Public Interest Litigation tomorrow, is likely to order some strict action in the light of the demarcation by the Revenue Department, which was repeatedly directed by the Division Bench”.
The findings of the Revenue Department have also put a question mark on the functioning of Government agencies like J&K State Board of School Education, Directorate of Health Services and J&K Paramedical Council, which gave No Objection Certificates for establishment of institutions by the Trust of Abdul Gani Kohli without verifying the title of the land, sources said.
It is worthwhile to mention here that in a related PIL the then Chief Justice of J&K High Court, Justice M M Kumar had directed the State Government to make complete disclosure of the illegal occupants of State land measuring 20 lakh kanal. He had further issued directions to Divisional Commissioners of Jammu and Kashmir to furnish the names of the illegal occupants district wise.
Around 17 compilations disclosing the names of the encroachers were filed before the State High Court.
After going through these compilations, the Division Bench had directed the Chief Secretary of the State to suggest a mechanism so that encroached land is retrieved. But, the State Government is yet to file such mechanism before the Division Bench of the State High Court.
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