In a petition filed and argued by Advocate Ankur Sharma , seeking registration of FIR against Ex-BJP Cabinet Minister Abdul Gani Kohli and others in which petitioner highlighting encroachment of 10 Kanals Forest Land by Abdul Gani Kohli Minister for Animal and Sheep Husbandry J&K Government at Nowabad Sunjwan where the said Minister is stated to have raised a huge educational complex comprising of a B.Ed College, ETT College, B.N. Para Medical School, B.N. Public School, ATM and Branch of J&K Bank.
A Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Tashi Rabstan directed a copy of entire paper book including the writ petition and all the status reports on record be made available to the Divisional Commissioner, Jammu as well as the Principal Chief Conservator of Forests. They shall scrutinize the entire records and a report be submitted to us after careful and complete scrutiny, not only the court record and status reports but also the relevant records and documents. These officers shall cause a physical inspection of the land to be undertaken and, if necessary, fresh demarcation be conducted by an officer not below the rank of Deputy Commissioner.
During the course of hearing, Division Bench observed that In the report dated 01st June, 2016 (page 35), the Sr. Superintendent of Police, Vigilance Organization, Jammu has inter alia stated as follows“.xxxx by Mst Zarina Kohli w/o A. G. Kohli through agreement to sell executed between Sarfaraz Ahmed S/o Mian Bashir Ahmed and Mst. Zarina Kohli W/o A.G. Kohli on 03.01.2002 for 08 Kanals of land under Khasra No. 356/Min situated at Sunjwan and as per the report of Divisional Forest Officer, Jammu discussed above, Khasra No. 356 of Village Nowabad, Sunjwan is forest land, thereby substantiating the basic allegation of the complainant.
During visual inspection of the building complex/institution, it was found that a number of Educational Institutions are being run in the building complex under probe. In addition, to these intuitions, it was found that a full fledged branch of Jammu & Kashmir Bank alongwith ATM is also located in the said complex. The matter was taken up with the concerned authorities to ascertain as to how they have entered into a rent/lease agreement with the owners of the building which has been raised on Forest land. In their reply vide No.ZOJC/Genl/732/15*2011 dated 22.09.2015, the lease deed has been executed on 17th of May, 2013 between Abdul Gani Kohli S/o Shri Feroz Din R/o 105, Channi Himmat, Jammu with Jammu & Kashmir Bank having it registered office at Corporate Headquarter, Mulana Azad Road, Srinagar and the business unit amongst others at Nowabad, Sunjwan. The lease deed has been registered with Sub Registrar, Sub Judge, Jammu and the rent @ Rs.12/- per sq. Ft has been fixed w.e.f. 02.02.2013, total carpet area measuring 2400 Sq. Ft has been rented out to the J&K Bank. The total rent paid on premises w.e.f. March 2012 to August 2015 is Rs. 9,42,300/-. Further, some loans, Car loans, term loan mortgage of Mr. A.G. Kohli and loan against term deposit have been availed by the owners of the Land/building in question. The banking authorities have statged that they have entered into a lease deed before the competent Court and in the lease deed, there is no mention/disclosure of the owner of the complex or any other agency that it has been built on any type of Government land. On behalf of J&K Bank, Attorney Holder Pitanjal Sharma, Executive Manger, presently posted in Zonal Office, Jammu has executed the Lease Deed.
The enquiries conducted sofar have established that the institutions are being owned and managed by the family members of Shri Abdul Gani Kohli, the building complex has been raised on Khasra No. 356 of Village Nowabad, Sunjwan as per the records submitted by the owners to the various authorities and as per the report of Forest Department i.e. DFO Demarcation, Jammu Khasra No. 356 is forest land thereby substantiating the basic allegation. However, the revenue record are still awaited. Further, scrutiny of record i.e. the affiliation files of these Institutions, record pertaining to permission of Para Medical Institution and awaited Revenue records will be conducted to work out the violations being done by the owners, management and Officers/Officials of concerned departments, who have been involved in facilitating the establishment of such institutions in forest land in violation of law xxxx. ”
During the course of hearing DB observed that “Our attention is also drawn to the report filed by Shabir Ahmad Malik, Sr. Superintendent of Police, Vigilance Organization, Jammu on 27th March, 2017 (page 124), wherein it has been stated that the land was not a forest land but was a public land. It is the further submission of Mr. Ankur Sharma that an effort is being made to facilitate the encroachment and appropriation by the respondent No. 4 by changing its status from forest land to state land.
DB observed that Even if, the report of the Sr. Superintendent of Police land in question was a state land was to be accepted, it is shocking that he has not only permitted continuation of the encroachment but enable buildings to come up on State land without having taken any action for the same.
DB observed that prayer made in the CMP No. 48/2014 in PIL No. 19/2011 referring the matter to CBI for conducting an inquiry. The prayer in the application certainly deserved to be warranted in the facts and circumstances of the case. However, before passing effective orders, more information as has been directed today, is required.
Adv Ankur Sharma who appears in person submits that he has not received copy of the report
Upon this DB observed that this Court does not understand as to how the Registry has accepted this report without service of advance copy to the other side and directed Registry to to remain careful in future.
DB observed that another important aspect which is required to be gone into as to how no objections stand granted to run educational institutions and banking facilities in the property constructed on the land which has been encroached. The fact that forest land has been registered in the name of private parties is also illegal and a serious matter and directed that a copy of entire paper book including the writ petition and all the status reports on record be made available to the Divisional Commissioner, Jammu as well as the Principal Chief Conservator of Forests. They shall scrutinize the entire records and a report be submitted to us after careful and complete scrutiny, not only the court record and status reports but also the relevant records and documents. These officers shall cause a physical inspection of the land to be undertaken and, if necessary, fresh demarcation be conducted by an officer not below the rank of Deputy Commissioner.
DB further directed that report regarding the land in question shall be filed by them before us within four weeks from today.
DB also issue notice to the Secretary, Board of School Education, Jammu returnable on 12th March 2020 to explain as to how the ETT institution has been permitted to be run on public/forest land.
DB also issue notice to the Secretary, Revenue Department as to how the forest land has been registered in the name of private persons.