Court seeks fresh status report

Jammu :  In the much publicized writ petition filed by Social Activist Prof. S.K. Bhalla alleging construction of a palatial house by the Former Revenue Minister Raman Bhalla on State Land comprised in Khasra No.781 min, today Justice Bansi Lal Bhat of Jammu and Kashmir High Court (Jammu Wing) in a significant order directed SSP VOJ to file a fresh status report within two weeks on the points indicated in today’s order.

When this petition came up for hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Suraj Singh appearing for the petitioner invited the attention of the court to the status report filed by SVO on September, 4, 2015 wherein it was mentioned that Raman Bhalla has constructed his residential house on land bearing Khasra Nos.778, 779 and 781 (state land) measuring 3 Kanals 14 Marlas as revealed by demarcation report collected from the office of Tehsildar Jammu (South). As per status report, land measuring 1 Kanal 10 Marlas bearing Khasra No.778 and 779 has been purchased by Raman Bhalla from Raj Kumar and Rakesh Kumar residents of Mohalla Partapgarh Jammu, land measuring 1 Kanal 15 Marlas bearing Khasra No.779 has been gifted to Indira Bhalla W/o Raman Bhalla by her mother Usha Puri whereas land measuring 10 Marlas under Khasra No.781 has been found in possession of Raman Bhalla which is the state land but it has not been ascertained whether the same belongs to JDA and whether Raman Bhalla is the legal occupant of the said land. The report further revealed that land measuring 10 Marlas bearing Khasra No.781 is in possession of one Subash Choudhary which is located at the rear side of land of Raman Bhalla. It is not specified whether Subash Choudhary is a legal occupant of this land. A Nallah is flowing in front of the plot of land occupied by Subash Choudhary which is covered by a concrete slab providing passage to the building of Raman Bhalla from rear side which passes through the plot of Subash Choudhary. A concrete sentry post is reported to have been constructed over the slab laid on the Nallah.

Justice Bansi Lal Bhat after referring to the status report further observed that ownership rights have reportedly been conferred on Usha Puri mother-in-law of Raman Bhalla in respect of land measuring 1 Kanal 15 Marlas falling under Khasra No.779 which has been gifted to wife of Raman Bhalla. Justice Bhat further observed that as per the status report the mode of acquisition of land by Usha Puri is a subject of investigation in respect whereof Settlement Officer, Jammu has been approached for providing requisite information.

Justice Bansi Lal Bhat further observed that the status report filed by VOJ itself reveals that the same is inconclusive and needs further clarification.

Advocate S.S. Ahmed also invited the attention of the court that the status report itself reveals that the building permission granted in favour of Raman Bhalla has been violated by him by raising construction far in excess of the permitted space, both on ground floor as well as on first floor. Instead of raising 3060+180 (Porch) sqft at ground floor and 3060 sqft at first floor with set backs, front: 28 ft, sides: 12.5 ft and 6.5 ft, the Former Revenue Minister constructed an area measuring 4194+770= 4964 sqft at ground floor and 4194 sqft at first floor i.e. 1724 sqft in violation of approved plan at ground floor and 1134 sqft in violation to approved plan at first floor and further no mandatory side setbacks i.e. right and left were maintained by Raman Bhalla. However front and rear setbacks were found maintained on the spot.

Advocate S.S. Ahmed according to CNS further drew the attention of the court to the status report wherein SVO divulged that evaluation of residential building of Raman Bhalla constructed on the aforementioned land situated at Deeli, Jammu is under process.

During the course of arguments Advocate S.S. Ahmed submitted that appropriate directions are required to be issued to the Deputy Commissioner Jammu, Settlement Officer Jammu and JMC, Jammu to render all possible assistance to the SVO towards the completion of the probe as the enquiry is already delayed in view of the mandate of law laid down by the Apex Court in its celebrated Judgment State of UP V/s Lalita Kumari wherein a Constitutional Bench of the Supreme Court held that a preliminary enquiry in a corruption case should not exceed seven days. Advocate Ahmed further submitted that the petitioner Prof. S.K. Bhalla lodged the complaint with the Director SVO on May, 5, 2015 and more than five months have expired and yet the enquiry is pending. He sought time bound directions to the SVO to finalize the probe.

On the other hand AAG P.C. Sharma appearing for SVO, AAG Ehsan Mirza appearing for Revenue Department and Advocate Ahtsham Bhat appearing for GAD submitted that the needful shall be done without any further delay and sought four weeks time to come up with the latest position of the case.

Justice Bansi Lal Bhat after considering the submissions of both the sides observed that since investigation into vital aspects of the matter is inconclusive and evaluation of residential building is still under way, it would be appropriate to direct SSP VOJ to submit fresh status report on the points indicated above within two weeks.Justice Bhat looking into the public interest involved also directed the Registry to list this petition immediately after two weeks. (CNS)