*Rs 30 lakh recovery from X-En of Flood Control recommended
Mohinder Verma
JAMMU, Jan 15: In a glaring instance of protecting encroachers at the cost of Government exchequer, the Jammu district administration has detected utilization of Constituency Development Fund of a former Member of Legislative Council for illegal construction in a nullah to benefit some encroachers. As this illegal act has put vast population at the grave risk of flash floods during the rainy season, orders have been issued for demolition of structure.
Moreover, action has been recommended against the Executive Engineer of Flood Control Department and officers and officials of the Rural Development Department, who played vital role in ensuring illegal construction instead of checking the same.
Official sources told EXCELSIOR that in the month of July last year, the inhabitants of village Pargalta, which falls in the jurisdiction of Jammu Tehsil, submitted an application to the Deputy Commissioner Jammu mentioning that a thoroughfare duly recorded in Record of Rights, which passes through a Khad, has been blocked by the officials of the Rural Development Department by raising a protection wall in the Gair Mumkin Khad.
It was further alleged in the application that the protection wall was raised to encroach upon a portion of Gair Mumkin Khad to benefit some private people, who were raising constructions in the Khad area. The people further informed the district administration that the act on the part of the officials of the Rural Development Department has led to the narrowing down of the existing storm/rain water khad and has put the other people on the downstream and other bank at greater risk of flash floods during rainy season.
Acting on the complaint, the Deputy Commissioner Jammu, Simrandeep Singh directed the Tehsildar Jammu to conduct an inquiry into the allegations of the villagers. The Tehsildar, according to the sources, vide his report No.TH/OQ/673 confirmed that Khad has been reduced in width by constructing a RCC wall in its centre for protecting some private people.
He further revealed that the land falls in Khasra No.282 of village Pargalta and is recorded as Gair Mumkin Khad in revenue records and due to the RCC wall and subsequent earth filling, the width of the nullah has been reduced from 269.5 feet to merely 49 feet only.
“Further, an old thoroughfare which was connecting 60 households of another hamlet and which used to pass through the nullah, has been blocked permanently due to the RCC wall”, the Tehsildar further said in his report.
After analyzing the report of Tehsildar, the Deputy Commissioner Jammu got the matter separately enquired from the officials of the Rural Development Department and the relevant records of Block Development Officer Nagrota were also inspected, sources informed.
The perusal of the records revealed that the works were undertaken in three installments of around Rs 10 lakh each from the Constituency Development Fund of a former MLC. “The Panchayat Secretary of the village without release of complete payments finished the work in an undue haste by diverting the construction material of other schemes”, sources said quoting the findings.
Moreover, it came to the fore that the Executive Engineer of Flood Control Division Jammu vide his office letter No.FCDJ/4394 dated February 11, 2014 gave his ‘No Objection’ to the construction of the illegal RCC wall, which was meant to reduce the width of the nullah and extend undue benefit to the encroachers, sources said.
As the concerned officials of the Rural Development Department and the Executive Engineer of the Flood Control Division acted in complete violation of the orders of Supreme Court in the case of “Jagpal Singh Versus State of Punjab” and J&K High Court order in PIL titled “Balbir Singh Versus State”, the Deputy Commissioner Jammu, Simrandeep Singh today directed Tehsildar Jammu to demolish the illegal RCC wall raised in Khasra No.282 of village Pargalta.
The Jammu Police as well as BDO concerned have been asked to provide necessary logistical support to the Tehsildar in clearing the encroachment and making the old passage through. Moreover, the Departmental Vigilance Officer (DVO) of Deputy Commissioner’s Office has been directed to forward a report of this case to the State Vigilance Commission and concerned Administrative Secretary recommending action for recovering Rs 30 lakh from the Executive Engineer of the Flood Control Division, who gave the No Objection Certificate to the Rural Development Department for changing the course and nature of the Khad land, which is not permissible under law.
Moreover, Administrative Secretary of Rural Development Department is being written for necessary action against the officials of the department for facilitating the illegal construction that too by utilizing the Government money.
The Chief Planning Officer has also been directed to issue a detailed circular to all executing departments/agencies not to undertake developmental works blindly. “No scheme/work shall be undertaken from the public money on the State land, Kahcharai land, Shamlat Deh land, water bodies, Khads and Tawi land as it essentially amounts to extending Government’s assistance to the violator of law/encroacher”, the Deputy Commissioner has directed the Chief Planning Officer.
“The clearance of revenue official in written be taken before starting works on such lands”, said the directives issued by the Deputy Commissioner.
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