In a PIL filed by Harcharan Singh a Hotelier/Owner of Krystal Hotel and Restaurant at Patnitop seeking demolition of the illegal/unauthorized buildings raised in Green Buffer Areas of Patnitop in which Division Bench on December 31, 2019 directed CBI to conduct indepth enquiry within two months.
When the PIL came-up for hearing, Adv Monika Kohli appearing on behalf of CBI submitted the enquiry is being conducted in terms of order passed by the court, however, the process could not be completed as in some of the areas, the snow was still there and the hotels could not be inspected properly and seeks three months time.
A Division Bench of Jammu & Kashmir High Court Comprising Rajesh Bindal and Justice Sindhu Sharma after hearing Adv Monika Kohli for the CBI Observed that this court do not wish to grant such long an adjournment at this stage as the progress of enquiry is also to be reviewed and fixed March 30, 2020 for filling status report.
It is worthwhile to mention here that on December 31, 2019, Division Bench directed Director Central Bureau of Investigation to conduct indepth enquiry encroachment on forest land and other public land; illegal change of use and misuse of the land in violation of the permitted user; raising of illegal constructions; failure of the authorities to take action; fix the responsibility of the persons who were at the helm of affairs, were duty bound to and responsible for their taking action; their failure to proceed in accordance with law on issues regarding several aspects relating to the illegal constructions compounding and misuse thereof and; any other illegality which is revealed during the course of the enquiry. JNF