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J&K Govt transfers investigation of encroachment of prime land/ JDA land to CBI


J&K Govt transfers investigation of encroachment of prime land/ JDA land to CBI

Rajesh Gupta

JAMMU, April 26:  As per an Affidavit in form of Misc. Petition No. 2152 dated 22.04.2024 filed before the Hon’ble High Court Rohit Sharma, then Tehsildar Bahu through Senior Advocate Sh Sunil Sethi assisted by Adv Sh Parimoksh Seth, it has come to fore that acting tough on encroachment of prime State/ JDA land on basis of fake/ forged documents by notorious State Land Grabbers, the Government of J&K Vide letter dated 06.12.2023, conveyed decision for transfer of FIR No. 276/2019 registered in PS Bahu Fort (Trikuta Nagar), Jammu to Central Bureau of Investigation, Jammu for Investigation.

On 27.02.2024 the C.B.I, Jammu took over the Investigation and has re-registered an FIR No. RC0042024A0001 against Mr Sourab Singh S/o Late Darshan Singh R/o Narhi , RS Pura, Jammu U/s 420,467,468 and 471. Initially, in year 2019, an FIR was registered by the then Deputy commissioner, Jammu against Sourab Singh S/o Late Darshan Singh R/o Narhi , RS Pura, Jammu U/s 420,467,468 and 471 in PS Bahu Fort ( Trikuta Nagar), Jammu primarily on the grounds that the accused person had fabricated a fake order with forged signatures and fake number and date of the Deputy Commissioner’s Office whereunder direction was issued to the then Tehsildar Bahu to attest Mutation under Roshni Act w.r.t Prime state/ JDA land measuring 26 kanal 11 marla falling under Kh No. 06 of Vill. Rakh Bahu.

When the matter was reported by the then Tehsildar Bahu to the then Deputy Commissioner, Jammu it was realized that it was a fake order bearing fake number and date, apparently having being done by accused to encroach State land in an unlawful manner.

Accordingly, it was requested to the then Superintendent of Police, Jammu for registration of an FIR against accused person namely Sourab Singh S/o Late Darshan Singh R/o Narhi , RS Pura, Jammu. Acting swiftly, an FIR no. 276/2019 was registered in PS Bahu Fort, Jammu U/s 420,467,468 and 471 against accused person.

Further it has been stated in the petition that the accused Sourab Singh S/o Late Darshan Singh R/o Narhi, RS Pura, Jammu had managed a fake/ fabricated Mutation extract under Roshni Scheme w.r.t same State/ JDA land in favour of himself and his family members and in the garb of same he had managed interim Status quo orders from Judicial courts against Jammu Development Authority.

It was the then Tehsildar Bahu Rohit Sharma who on reference of Jammu Development Authority, acted swiftly and after detailed enquiry, had exposed the authenticity of that much Mutation extract by reporting the matter to higher Revenue and Jammu Development Authorities by establishing that the same was fake/ forged and should not be relied upon.

Reportedly, on the basis of these reports, the Hon’ble Judicial courts vacated the interim Status quo orders against Jammu Development Authority.

As such, in a time bound manner, Mr Rohit Sharma had un earthed this scam of encroachment of prime State/ JDA land by accused namely Sourab Singh and his family members and thus had averted a huge loss to State/JDA land while discharging his duties as Tehsildar Bahu. Pertinent to mention that Just two months after un earthing this scam, Rohit Sharma was arrested in a trap case laid by Anti corruption Bureau, Rajouri vide FIR No. 02/2022 which was lodged on the complaint of Saminder Singh alias Sourab who is the same person against whom Rohit had concluded his enquiry. It was inter alia alleged in the complaint by Saminder alias Sourab that his mother is attorney holder of a Private land near Medicity Jammu for alienation of which Rohit Sharma had demanded money from complainant.

Interestingly, the Power of Attorney document on basis of which the trap was laid on Rohit Sharma, has also been proved fake and forged.

This is evident by the fact that when the trap matter was transferred by the UT Government to CBI, Jammu, the agency took up the investigation and registered FIR No. RC0042023A0007 dated 28.03.2023 against Saminder alias Sourab and his Mother Kuldeep Kour and conducted an in-depth detailed Investigation.

After examining more than 40 witnesses and relying upon various documents, CBI, Jammu has inter alia established that the irrevocable power of attorney in favour of Kuldeep Kour on basis of which Fard intekhab application was filed was in fact a forged document and the agency in December, 2023 has already charge sheeted Mother son duo namely Saminder singh alias Sourabh and Kuldeep Kour both Residents of Vill. Nari Tehsil R.S.Pura under sections 120-B IPC, 420 r/w 511 IPC, 471 & 201 IPC for hatching criminal conspiracy in fraudulently using forged Irrevocable general power of attorney documents as genuine and destroying evidence. Pertinently, Fard Intekhab against issuance of which it was alleged by complainant that Rohit Sharma had demanded money, had never ever been issued by Mr Rohit Sharma or his Revenue staff.

As such, the very basis on the strength of which a false and highly motivated complaint was filed by the respondent no.13 which subsequently resulted into registration of impugned FIR No. 02/2022 dated 14.11.2022 against the petitioner gets completely demolished.

Further, it has been mentioned in Misc Petition that in year 2022, Mr Rohit Sharma was the same officer who repeatedly thwarted illegal attempts/ nefarious designs of Mr Sourab alias Saminder Singh at two separate occasions.

Firstly, attempt of Sourav in encroaching prime State land worth hundred of crores of Rupees and secondly, attempt of encroaching prime Private land located along National Highway near Medicity Jammu.

As per recent FIR and charge sheet, both these attempts were based on fake/ forged documents fabricated by Mr Sourab alias Saminder Singh.

It has been mentioned in misc petition that it is crystal clear that the petitioner was implicated in a false and highly motivated FIR and subsequently dramatized trap proceedings (as evident from the CCTV footages already placed on record before the Hon’ble court) were conducted that too on the basis of fake/ fabricated Power of Attorney documents which clearly establishes criminal conspiracy of officials of Anti- Corruption Bureau Rajouri, arrayed as Respondent No. 08 to 12 in connivance with respondent no.13. Respondent No. 13 had vengeance/grudge against the petitioner as the petitioner while discharging his duties as Tehsildar Bahu, had thwarted two successive attempts and nefarious designs of respondent no.13 in encroaching prime JDA/private land.

Besides, it has been mentioned that the respondent no. 7 to 12 who were the members of the Trap team and against whom specific allegations have been attributed by the petitioner in the afore-titled writ petition, have not at all filed their objections/reply to the writ petition till date specifically notwithstanding the fact that respondent no.11 namely Sh. Raj Kumar Dhar, Inspector was also the Verifying Officer of the complaint filed by respondent no.13 on the basis of which impugned FIR no.02/2022 has been registered against the petitioner.

Non-filing of reply/objections by these respondents by taking refuge that CBI has taken over the investigation in the matter, amounts to admission on the part of the respondents 1 to 12 with respect to the allegations alleged against them by the petitioner (Rohit Sharma) in the afore-titled writ petition.

No doubts such encroachments of JDA Lands raised a pointer towards JDA boss as a whole that why they don't fence their lands? Why they kept their lands open without any fencing for years to allow encroachers to encroach?

However, proofs of such episode are even known to public & Govt as well as JDA bosses are demolishing some constructions/plinths but by adopting pick & choose after years or months , no doubts raised a pointer towards JDA because till day there are enough lands/plots, which are entered on the name of JDA in revenue records but has not been fenced needed to be acted upon?

 

 


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