Illegal Constructions at patnitop
CBI completes investigation and likely to present challan any time
JKUT (Jammu), November-26-2021-( JNF):- 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.
Today when the matter was listed, Adv Monika Kohli appearing for the CBI submitted that the investigation pursuant to the FIR, has been completed and that the charge sheet is in the process of finalization and shall be filed once the sanction is obtained for which papers have already been submitted.
The Division Bench comprising Chief Justice Pankaj Mithal and Justice Mohd Akram Chowdhary after hearing both the sides fixed December 29, 2021 for hearing matter on merits finally.
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. It is worthwhile to mention here that apart from many irregularities pointed out therein, this Court notice that 37 hotels were constructed unauthorizedly without the permission of the Patnitop Development Authority in violation of the master plan; out of the 58 hotels registered with the J&K Tourism Department under the provisions of the Jammu and Kashmir Registration of Tourist Trade Act 1978, the 21 hotels either have not been registered or their registration have expired; and, in certain cases, the Special Tribunal appears to have compounded major violations which were impermissible but even then the Patnitop Development Authority had chosen not to file appeal against the same. It has also been stated that FIR dated 01.08.2020 has been registered against the wrongful gainers/owners/proprietors of the hoteliers and the officers of the Patnitop Development Authority and directed CBI to apprise the court as to the status of investigation in pursuance of the aforesaid FIR. JNF