Excelsior Correspondent
Srinagar, Apr 1: As the Anti-Corruption Bureau (ACB) has informed the court that the proceedings against then officials of Pahalgam Development Authority for fraudulently and dishonestly acquiring the PDA land has been quashed by the court, the Division Bench directed the Revenue Department and PDA to inform it as to what action has been taken to get the deeds and documents made by these officials with regard to said land nullified.
About the issue of investigation pursuant to the FIR No. 27/2008 the ACB counsel informed the Court that the report has been filed by the Senior Superintendent of Police, Anti-Corruption Bureau, South, Kashmir and in pursuant that report the investigation in the aforesaid FIR, had been investigated by the Anti-Corruption Bureau and it has been found that the role of the then Chief Town Planner, Kashmir Mir Naseem Ahmad appears to be a dubious one and that sometime in the year 1991, he had dishonestly and fraudulently acquired about 29 kanals and 13 marlas of land in planning Sub-Zone A-14 through oral gifts shown to have been made by donors to his close/trusted supporting employees and his associates.
Court has been informed that consequently, charge sheet was submitted and the trial court vide order dated 6th February 2016 framed the charge against the accused persons including other officials. However, on the petitions filed by two of them, the High Court had quashed the entire proceedings of the case vide judgment and order dated 16th October, 2018 and now the matter is sub-judice before the Supreme Court.
The Division Bench in view of these facts and circumstances said, nothing further is required to be considered and monitored in relation to the above FIR. Court said, as the investigation reveals that fake and fraudulent gift deeds were manipulated by the officers at the relevant time as such directed the Revenue Department and the Pahalgam Development Authority to inform as to what action they have taken to get the aforesaid deeds nullified.
“In case they have not taken any action, they are directed to initiate proceedings in accordance with law for the cancellation of the said gift deeds as also the change of land use as may be advised to them in law and to report the action so taken to the Court”, court further added.
With regard to the issue of the Master Plan which at the point of time was of the year 2005-2025 and now Master Plan 2015-2032 has been enforced. Court said, the prayer for reframing of the Master Plan no longer survives and observed that in the overall facts and circumstances of the case, the only thing which is required to be considered by the Court is the action which has been taken or is to be taken for the cancellation of the oral gift and the change of land use as has come out in the investigation.
It is as per the pleadings before the court the then Chief Town Planner Mir Naseem, Nazir Ahmad Magrey (Assistant Town Planning Organization) and Hamid Ahmad Wani (Joint Commissioner Planning SMC) with the land mafia and influential hoteliers having nexus with the bureaucrats working in the constituted PDA designed the Master Plan for the resort to serve their personal interests.
These official as per the pleadings have dishonestly and fraudently acquired huge land at Pahalgam which arbitrarily induced the sharp increase in the value of the land. One of the accused officials had challenged the FIR before high for quashing the same however his plea has been dismissed by the court.
According to the FIR registered with the then VOK now ACB it is the members of the Master Plan committee resorted to misrepresentation, manipulation and distortions, whereby it was proposed that sub zone be de-notified to permit construction of hutments and other facilities in Master Plan in order to achieve the mischievous design for the officials against whom FIR is registered.
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