Roshni Land Scam || ACB’s closure report against 2 IAS officers rejected by anti-graft court

JAMMU: Noting that the then top officials of administration acted in liaison for irregularities in the implementation of Roshni Act, an anti-corruption Court here rejected the closure report submitted by Anti Corruption Bureau (ACB) in a case pertaining to the Roshni land scam, and involving two IAS officers.

Special Judge Anti-Corruption Jammu YP Bourney rejected the final report submitted by ACB Jammu arising out of FIR No.06/2014 with regard to the State land measuring 05 Kanals and 02 Marlas bearing Khasra No.781 situated at Village Deeli (Marble Market), and directed the SSP ACB Jammu to further investigate in light of the new observations.

The court also asked the anti-graft body to widen the scope of investigation for including within its ambit all encroachments by anybody and everybody, unfazed by their status or position.

“From the perusal of the records produced by ACB it is clear that then Divisional Commissioner Jammu Sudhanshu Pandey (IAS) and Assistant Commissioner Rajinder Singh acted in unison for bestowing the land in question to the beneficiary as largesse,” the court observed.

“These state of affairs, clearly demonstrate that abuse of the official positions by these officers for favouring the beneficiary is writ at large,” the court observed.

“It is equally disturbing that sanction for prosecution of two more i.e. Hirdesh Kumar Singh (IAS) the then Deputy Commissioner Jammu and Anwar Sadotra the then Patwari was denied in an open bid to save them that too by the authority which was not competent to do so on flimsy grounds, this final report for closure of the case cannot be accepted being against the facts and circumstances established during the course of the investigation,” the court further said.

The Court observed further that the final report of ACB states very candidly those officials of the Revenue Department had been avoiding the demarcation of the land since there was a deep rooted nexus between police, bureaucrats, politicians, businessman and media persons.

“In fact two police pickets established over the land in question for its protection, were removed and within no time two banquet halls were raised illegally thereon within no time under the name and styles of JAMMU PLAZA and JK RESORTS,” the court observed.

The court further said it is not clarified who raised those banquet halls.

“It has been added that residential houses of bigwigs including Raman Bhalla, ex-Revenue Minister, Subash Choudhary, Om Parkash Ex-MLA, Choudhary Retired SP, DySP Mirza and Mohan Meakin Proprietor of Anchor Firm were existing over the land in question,” the court observed.

The court also issued directions to SSP ACB Jammu that the role of the officers of the JDA be also looked into for their deliberate acts of omissions and commissions to take charge of the land immediately.

The Court looking into the public interest involved in the matter further directed that given the delay that has already occurred, it is expected that the process is completed at the earliest without further loss of time so that the whole exercise does not become a casualty during the process itself.

On Sept 13, then J&K Governor Satya Pal Malik had handed over the investigations to ACB in matters relating to the irregularities or fraudulent implementation of the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001.

It may be mentioned here that the Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 commonly known as ‘Roshni Act’ was passed in the year 2001.
The intention of the Act was noble, a large number of complaints were being received on the irregularities or fraudulent implementation of the Act. Consequently, there were reports that high value land in the districts of Jammu and Srinagar has been obtained irregularly or fraudulently by individuals, otherwise not entitled for any benefit under the Act.
Based on these reports, the Government, under the direction of the Governor had repealed the Roshni Act prospectively in 2018 and stopped all further proceedings under the Act to ensure that no further fraud takes place. This step of the Government was widely welcomed.