In the much publicized Public Interest Litigation (PIL No.19/ 2011) highlighting encroachment of more than 20 Lakh Kanals of State Land in J&K by a section of Bureaucrats, Police Officers, Politicians in league with land mafia, a Division Bench of the J&K High Court (through video conferencing) comprising Chief Justice Gita Mittal and First Puisne Judge Justice Rajesh Bindal after hearing Advocate Sheikh Shakeel Ahmed appearing for the PIL whereas Senior AAG S.S. Nanda for the U.T. Administration and a battery of Advocates directed the personal appearance of Financial Commissioner (Revenue) Shaleen Kabra (IAS) on the next date of hearing i.e. November, 26, 2020 at 02:00 PM.
The Division Bench has summoned Financial Commissioner (Revenue) in Civil Miscellaneous Application Nos.4518/2020 and 4519/2020 in PIL No.19/2011 pertaining to the issue of digitization of the land records of J&K raised by an applicant through Advocate Himanshu Beotra.
Advocate S.S. Ahmed appearing for the PIL submitted that the status report which was required to be filed by the Financial Commissioner (Revenue) regarding the digitization of the revenue records has not been filed. Advocate Ahmed further submitted that serious steps are required to be taken by the U.T. Government for ensuring digitization of the revenue records so that the revenue records are streamlined and properly maintained leaving no room for irregularities.
At this stage Senior AAG S.S. Nanda appearing for the Revenue Department submitted that report could not be filed as Dr. Pawan Kotwal (IAS) had been transferred from the post of Financial Commissioner (Revenue) and in his place Shaleen Kabra (IAS) has taken over as new Financial Commissioner (Revenue) and the status report will be filed without any further loss of time.
Looking into the seriousness of the matter, the Division Bench headed by Chief Justice Gita Mittal observed that the security of the digitization as well as the land records has to be imperatively ensured and it also has to be ensured that the complete information is put in the public domain and no official is able to withhold the record.
The Division Bench headed by Chief Justice Gita Mittal further observed and directed, “Given the kind of illegalities which have been placed before this Court, the manner in which respondents are functioning and the fact that no firm steps have been taken till date with regard to digitization of land records, even though we are assured on every date that the process is underway, it would appear that it is essential to have the proceedings to be scrutinized by person who is conversant with the manner in which the official land records are scanned, maintained and digitized. It is, therefore, essential to have an independent inspection of the work being undertaken.
Let the parties suggest names of persons suitable as local commissioner who can conduct such scrutiny and inspection on regular basis.”
With these observations, the Division Bench headed by Chief Justice Gita Mittal directed the personal appearance of Financial Commissioner (Revenue) Shaleen Kabra (IAS) on the next date of hearing i.e. November, 26, 2020 at 02:00 PM through virtual mode.
The Division Bench also considered the fresh applications CM Nos.6261, 6563, 6565 and 6566/2020 moved through Advocate Rohit Kapoor in PIL No.19/2011 seeking clarification of the landmark Judgment dated October, 9, 2020 passed in PIL No.19/2011 and other connected matters.
Advocate Rohit Kapoor strenuously argued that in view of Judgment dated October, 9, 2020 which pertains to Roshini Land Scam but the lawful allottees/persons holding Nazool lands later regularized under Roshini have been clubbed with Roshini beneficiaries and the Judgment to that extent is required to be clarified.
The Division Bench headed by Chief Justice Gita Mittal, however deferred the issue as it was not possible to open these applications because of connectivity issues and directed the Registry to list these matters on December, 18, 2020.