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HC directs SSP VOJ to file fresh status report

KT NEWS SERVICE. Dated: 10/8/2015 11:49:02 AM

JAMMU, Oct 7 (JNF): High Court (HC) today directed Senior Superintendent of Police (SSP) Vigilance Organization Jammu (VOJ) to file fresh status report within two weeks in a case pertaining to alleged construction of Palatial House by former Revenue Minister Raman Bhalla on state land.
In writ petition filed by Social activist Professor SK Bhalla alleging construction of a palatial house by former Revenue Minister Raman Bhalla on state land comprising of Khasra number 781 min, today Justice Bansi Lal Bhat of Jammu and Kashmir High Court (Jammu wing) 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 numbers 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 number 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 number 779 has been gifted to Indira Bhalla wife of Raman Bhalla by her mother Usha Puri whereas land measuring 10 Marlas under Khasra number 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.
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 number 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 revealed that the same is inconclusive and needs further clarification.
Advocate SS Ahmed also invited the attention of the court that the status report itself revealed 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 setbacks, 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 SS Ahmed 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 SS 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 Versus 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 Professor SK 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 PC 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.