Justice Sanjay Dhar refuse to quash three FIRs registered by Vigilance Organziation Kashmir (Now ACB) against ANIS AHMAD CHOUDHARY Executive Officer Municipal Ganderbal for allowing to raise illigal structures in Ganderbal.
Justice Sanjay Dhar while dismissing the petitions, observed that the allegations made in the impugned FIRs, which are substantiated by the material collected by the investigating agency during the investigation of the case, it is clear that there is sufficient material on record to prima facie opine that the offences under Section 5(2) of the J&K PC Act read with Section 120-B RPC are made out against the petitioner in all the three impugned FIRs. The argument of the learned counsel for the petitioner that no offence is disclosed against the petitioner is, therefore, without any merit.
The petitioner Vide CRMC No.167/2018, the petitioner has challenged FIR No.09/2018. Vide CRMC No.168/2018, the petitioner has challenged FIR No.10/2018 and vide CRMC No.169/2018, the petitioner has challenged FIR No.07/2018. All these FIRs have been registered for offences under Section 5(2) of J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act) and Section 120-B RPC at Police Station Vigilance Organization, Kashmir (now ACB).
As per all the three impugned FIRs, in a joint surprise check conducted by Vigilance Organization, Kashmir, it was found that Municipal Committee, Ganderbal, is engaged in malpractices, inasmuch as it is allowing construction of huge structures on roads against hefty payments. It was revealed during joint surprise check, that huge multi-storeyed buildings/column structures have illegally been erected adjacent to the new hospital road, Check Duderhama Ganderbal opposite newly constructed hospital building. In FIR No.09/2018, it is alleged that a double storeyed building located on right side of Duderhama Ganderbal opposite new hospital building has come up which belongs to one Mst. Mehbooba. It was found that the Executive Officer, Ganderbal, has issued the building permission in favour of the aforesaid owner for construction of double storeyed residential house but the drawings have been approved for double storey shop line with plinth area of 1228.05 sqfts. It was also found that against the permission for constructing residential house, the owner has constructed RCC column erected on RCC foundation with RCC slab laid upto 2nd storey, which is still under construction. The plinth area of the said column structure was measured as 5765.21 sqfts instead of approved 1228.05 sqfts., thereby resulting in violation to the extent of 4537.16 sqfts. It was further found that the setbacks have neither been maintained properly as per the approved drawing nor any NOC has been obtained from Town Planning Organization. It was also found that the building permission has been issued by the petitioner herein by abusing his official position in league and under a well-knit conspiracy with the beneficiary owner and the then Field Khilafwarzi Assistants, namely, Mushtaq Ahmad Dar and Siraj-ud-din Mir. It is also alleged that the building permission has been issued in violation of BOCA norms and rules thereby allowing the beneficiary to construct a commercial complex type structure in violation of the approved setbacks of building permission.
As per FIR No.07/2018, a huge four storeyed shopping complex located on right side of Duderhama-Check Fatehpur Road opposite new hospital building belonging to one Dr. Manzoor Ahmad Tantray has been allowed to come up which has been erected illegally. It was revealed that initially the said beneficiary had applied to Municipal Committee Ganderbal, for construction of four storeyed commercial complex on his land falling under Survey No.852 but the Town Planning Organization refused to give NOC on the ground that the site of the proposed construction falls in residential use in Zone R-2 of the Draft Master Plan of Ganderbal, 2032. It is alleged that the beneficiary, under the garb of construction of residential building, applied afresh to the Municipal Committee, Ganderbal, for construction of three storeyed residential building and the Executive Officer, Ganderbal, issued the building permission in favour of the said beneficiary for construction of three storeyed residential house. Subsequently, second building permission has been issued in favour of the beneficiary for the construction of double storeyed shopping complex on the same piece of land on the basis of NOCs given by Tehsildar and Town Planning Organization, both of which were found to be fake and fictitious. It was also found that the petitioner issued one more building permission in favour of the aforesaid beneficiary regarding the same building allowing the construction of second and third floor and allowing the conversion of residential building into commercial building in an illegal manner thereby abusing his authority.