Excelsior Correspondent
JAMMU, May 14: In a PIL filed by JKNPP supremo Bhim Singh alleging transfer of 623 kanals and 10 marlas of forest land to the JDA for construction of a colony at Sidhra, Division Bench of High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal today directed the Housing and Urban Development Department and Jammu Development Authority to file supplementary affidavit.
After hearing Advocate SK Shukla appearing for the PIL whereas Advocate Adarsh Sharma appearing for the JDA, DB observed, “on 2nd December, 2014 it was brought to the notice of the court that one Surjeet Khurana, Settler of Jammu Dental Charitable Trust is in illegal possession of 100 kanals of forest land and instead of handing over possession of the land to Forest Department he filed petition and succeeded in getting a status quo order passed in his favour on 4th November, 2004”.
“The supplementary affidavit filed by State respondents would indicate that though vide Government Order No. 242-FST of 1998 dated 10.06.1998, 623 kanals and 10 marlas of forest land was transferred to the Jammu Development Authority for setting up a new township at Sidhra, the Government Order remained only a piece of paper without physical possession of the land”, the DB further observed.
“This supplementary affidavit is silent about the present status of the land. However, the supplementary affidavit filed by the Additional Secretary to Government, Housing & Urban Development Department takes a different stand in the matter. It is stated that though Surjeet Khurana, Settler of the Trust, is avoiding to surrender 100 kanals out of 623 kanals and 10 marlas of forest land to the Jammu Development Authority or the Forest Department neither Ravish Trehan, Trustee of the Jammu Dental Charitable Trust nor Surjeet Khurana have any right over the land in question”, the DB said, adding “a proposal to allot the land to Ravish Trehan had remained only a proposal and not approved by the Board of Directors of the Jammu Development Authority, therefore Ravish Trehan has no right or authority to retain the land”.
The DB further observed, “the supplementary affidavit filed by Additional Secretary to Government, Housing & Urban Development Department and Secretary to Government, Forest Department, therefore, take contradictory stand”. Accordingly, the DB directed respondents to file fresh affidavit stating therein the present status of the land with the break up having regard to the person/persons in possession of the land and the extent of their possession.
“Report shall also indicate the steps taken for retrieving the land so that it is handed over to the Jammu Development Authority or the Forest Department as may be directed after necessary information is made available to them”, the DB said.
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