'Loot To Own Policy': J&K HC Orders CBI Inquiry Against High Ranking Govt & Police Officials For Alleged Encroachment Of Public Land [Read Order]

The Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal has also directed the UT administration to upload the details of the land which are in illegal and unauthorized occupation, along with identities of all influential persons (including ministers, legislators, bureaucrats, government officials, police officers, businessmen etc.) holding benami.

The order has come in a PIL filed against the multi-crore Roshni land scam, unearthed in March 2013, by a report of the CAG. It was alleged that a chunk of influential population encroached upon public lands by having orders passed in their favour, under the Roshni Act.

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"The instant case manifests the actual implementation of the age old adage that "charity begins at home", not for the homeless, the landless, the labourer, the beggar or those without any source of income, but practiced by the powerful, the high and mighty, the rich who committed trespass on huge tracts of public land (including forests), and have acquired proprietory rights over them, not because of need, but out of sheer greed, completely unconcerned about the resultant damage to the national and public interest," the Bench sternly remarked.

It ordered:

• Commissioner/ Secretary to Government Revenue Department shall publish complete identities of all influential persons (including ministers, legislators, bureaucrats, government officials, police officers, businessmen etc.) their relatives or persons holding benami for them, who have derived benefit under the Roshni Act, 2001/ Roshni Rules 2007 and/or occupy State lands, on the official website as well as the NIC website.
• The Divisional Commissioners, Jammu as well as Kashmir, shall place on record district-wise full details of the encroached State land not covered by the Roshni Act, Rules, Scheme(s), order(s) which continues to be under illegal occupation; the full identity and particulars of the land and person(s)/entities encroaching the same.

The court said the Revenue Secretary and the Divisional Commissioners shall be held liable for contempt of court if the directions were not complied.

Inter alia, the Bench issued following directions while ordering a CBI probe:

• Director, CBI shall appoint teams of officers not below the ranks of Superintendents of Police assisted by other officers to conduct an in depth inquiry in the matters. On conclusion of the inquiry, the CBI shall register case(s) in accordance with law against the person(s) found culpable, proceed with the investigation(s) as well as prosecution(s) thereof.
• The Anti-Corruption Bureau of the Union Territory of J&K shall place complete records of all matters regarding land encroachment/ Roshni Act or Rules being enquired into or cases investigated into by it, before the CBI which shall proceed with the further inquiries and investigations therein in accordance with law.
• In all cases in which charge sheets stand filed by the Anti Corruption Bureau in the Courts, the CBI shall conduct further and thorough investigation, and, if necessary file additional charge sheets in those cases.
• The CBI shall also inquire into the continued encroachments on State lands; illegal change of ownership/use; grant of licences on encroached State lands; misuse of the land in violation of the permitted user; raising of illegal constructions; failure of the authorities to take action for these illegalities; fix the responsibility and culpability of the persons who were at the helm of affairs, who were duty bound to and responsible for taking action; their failure to proceed in accordance with law against the illegalities and instead have permitted/ compounded the same, as also any other illegality which is revealed during the course of the enquiry wheresoever.
• The CBI shall specifically inquire into the matter of publication of the Roshni Rules, 2007 without the assent of the legislature. If this is found true, the CBI shall identify the persons responsible who have illegally and dishonestly published the same and proceed in the matter for their criminal liability.

The high court has asked the CBI to file a status report every eight weeks.

The Chief Secretary of the UT administration has been directed to monitor the matter and ensure that the inquiry by CBI is not hampered in any manner on account of concealment of documents, records, requisite assistance or cooperation on the part of the official machinery.

Background

The bench observed numerous discrepancies in the allotment of public land, and even implementation of the Roshni Rules, 2007, without legislative clearance. In this backdrop, it was of a prima facie opinion that that the authorities' inaction of as well as collusion with the local the investigating authorities, resulted in violation of the law and misuse of public land.

It thus observed,

"The bureaucracy and Government officials are enjoying huge salaries and benefits for their acts of omission and commission each of which tantamounts to a penal offence and have thus actively encouraged usurpations of public lands. Those in power, authority and the respondents have completely failed to discharge their constitutional functions, their statutory duties and public law obligations towards the public to whom they owe their very existence."

The Bench noted that the conduct of the Jammu Development Authority, the Revenue Department and all those responsible for the protection of the State lands as well as the working of the Roshni Act for all these years "deserves to be inquired/ investigated into".

It further noted that even the Municipal Corporations and licencing authorities had complicity in the matter as they "permitted encroachments" and gave sanction for construction.

"The manner in which the official respondents have proceeded with regard to serious matter of encroachments of the State lands; its illegal vesting to the encroachers; permissions to raise construction; grant of licences thereon and such lands put to commercial usage, requires immediate inquiry and determination of culpability of those involved in, as well as, of those who have permitted such transactions. Appropriate criminal action in accordance with law for the same is required to be undertaken against those found culpable," the Bench observed.