High Court dismisses petitions in Gulmarg land scam case

Srinagar, Apr 12, 2009: Dismissing a writ petition filed by the accused in the Gulmarg land scam, Jammu and Kashmir High Court refused to interfere with the investigation of the State Vigilance Organistion (SVO).A Single bench of the High Court, comprising Justice Hakim Imtiyaz Hussain, dismissed writ petitions filed by three accused in Gulmarg land scam case seeking quashing of the cases against them.

The court said it was premature to interfere as the investigation in the matter was at the initial stage. The SVO had registered a case against senior officials of the government including a Commissioner Secretary for misusing official position for illegal transfer of state land at Gulmarg worth crores of rupees by misusing the provisions of Roshni Act.

The SVO said the accused public servant (members of the empowered committee) and other officials by abuse of their official position under a conspired plan, dishonestly in gross-violation of law/rules, processed and vested the ownership of the leased land to beneficiaries in Gulmarg estate, meant for construction of Hutments, under master plan of GDA, to confer undue benefit upon the beneficiary applicants, occupants and themselves.

The SVO pleaded that the land had been transferred to the accused in a place where Roshni Act was not applicable.

According to the provisions of the J&K State Land, (Vesting of Ownership Rights to the Occupants) Act, 2001, known as Roshni Act, any occupant of the state land shall apply to the territorial tehsildar for having such land vested or transferred to him under the provisions of the Act.

Under the Act the concerned tehsildar after holding an enquiry and verifying the contents of application, would send a report to district collector of the area with his recommendations. The district collector would subsequently make further enquiry and forward the application along with his report to the committee, which is required to pass appropriate order for disposal of land and also determine the price to be deposited by the applicant (occupant) for vesting of such state land.

The SVO said the provisions of the Act, shall however, not apply to such land as is earmarked for a specific purpose in any master plan.

It said the Gulmarg had Master plan in 1960s and the transfer of land in the area was illegal. -- (UNI) -