Jammu & Kashmir High Court - Srinagar Bench
Case: Pil No. 484/2 vs State Of Jk & Ors on 31 March, 2021
Sr. No. 206
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CJ COURT
Case: PIL No. 484/2010
Pahalgam Peoples Welfare Organization ...Petitioner(s)
Through: Ms. Tabasum, Adv. vice Mr. P. Imroz, Adv. in PIL No.
484/2010)
Mr. Showkat Ali Khan, Adv. in CM No. 2709/2020
Mr. Gulzar Ahmad Bhat, Adv. in CM Nos. 2236/2019 &
2237/2019
Ms. Muzamil Jabeen, Adv. in CM No. 4609/2020
Vs.
State of JK & Ors. ...Respondent(s)
Through: Mr B. A. Dar, Sr. AAG & Mr. M. A. Chashoo, AAG.
Coram: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL
ORDER
31.03.2021
1. Counsel for the petitioner is not present, but his brief is being held by
Ms. Tabasum, learned counsel.
2. Heard Mr. B. A. Dar, learned Sr. AAG for the Revenue Department &
Mr. M. A. Chashoo, learned AAG for Pahalgam Development
Authority.
3. One of the issues arising in this petition is completion of investigation
pursuant to the FIR No. 27/2008. On the direction of this Court, Mr. B.
A. Dar, learned Sr. AAG has filed a status report on the information
submitted by Senior Superintendent of Police, Anti-Corruption Bureau,
South, Kashmir. The said report dated 26 th March 2021 states that
pursuant to the aforesaid FIR, the matter had been investigated by the
Anti-Corruption Bureau and it has been found that the role of the then
Chief Town Planner, Kashmir Shri 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.
Consequently, charge sheet was submitted and the trial court vide order
dated 6th February 2016 framed the charge against the accused persons
including respondent No. 6, 7 and 8. 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.
4. In view of the aforesaid status report, one thing is clear that the matter
in pursuance to FIR No. 27/2008, has been investigated and the trial
initiated on its basis stands quashed by the High Court.
5. In view of the above, nothing further is required to be considered and
monitored in relation to the above FIR.
6. In addition to the above, as the investigation reveals that fake and
fraudulent gift deeds were manipulated by the officers at the relevant
time, we call upon 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.
7. The other issue is regarding reframing of the Master Plan. The Master
Plan at the relevant time was of the year 2005-2025 and now Master
Plan 2015-2032 has been enforced.
8. In view of the above, the prayer for reframing of the Master Plan no
longer survives.
9. Thus, 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.
10. The application CM No. 2709/2020 has been moved by Mr. Reyaz
Ahmad Dar, alleging that his Truck bearing No. JK05C-8319 has been
seized by Police Station Kathua under Section 279/188 IPC for carrying
polythene material. In this connection, FIR No. 52/2020 has also been
lodged.
11. Learned counsel appearing for the said applicant submits that the
condition of the vehicle would deteriorate in case it remains in police
custody, therefore, it may be released.
12. Mr. B. A. Dar, learned Sr. AAG has filed a status report with regard to
the proceedings pursuant to the aforesaid FIR and he has placed on
record the order dated 28th November 2020 passed by the Authorized
Officer, Regional Director, J&K, Pollution Control Board, Jammu
which reveals that on account of carrying banned items, the polythene
as well as vehicle were seized by the Police and have been directed to
be confiscated.
13. In view of the confiscation order, the vehicle of the applicant is not
liable to be released at this stage. The applicant may prefer an appeal
against the confiscation order, if so advised to him.
14. Application CM No. 2709/2020 is disposed of.
15. Mr. Gulzar Ahmad Bhat, learned counsel for the applicant has filed the
application CM No. 2236/2019 on behalf of Kamaldeep Singh for the
release of the vehicle bearing No. PB06L-8485. The perusal of the
application reveals that the vehicle stands seized on 28th August 2016.
16. Accordingly, Mr. B. A. Dar, learned Sr. AAG is directed to file reply
to the aforesaid application within two weeks.
17. Mr. Gulzar Ahmad Bhat, learned counsel for the applicant has filed the
application CM No. 2237/2019 on behalf of Sher Ali for the release of
the vehicle bearing No. JK02BB-1141.
18. Accordingly, Mr. B. A. Dar, learned Sr. AAG is directed to file reply
to the aforesaid application within two weeks.
19. Mr. Dar, learned Sr. AAG is directed to file response to the
impleadment application No 4609/2020 filed by Bashir Ahmad Wani
& others.
20. List the case along-with all applications on 12th May 2021.
(VINOD CHATTERJI KOUL) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
SRINAGAR
31.03.2021
Altaf
