WPPIL No. 22/2014, MP No. 79/2015, MP No. 169/2014, MP No. 266/2014, MP No. 1/2016,

1. This Public Interest Litigation was filed in the year 2014 alleging that there was a land scam in village Chatta, Sunjwan, Tehsil and District Jammu. The allegation is that there is a Government land which has been encroached by a private party.

2. An inquiry into the alleged encroachment of Government land was initiated by the General Administration Department and one Shri Sudhanshu Pandey (IAS) – the then Divisional Commissioner, Jammu was appointed as Inquiry Officer vide Government order No. 05-GAD of 2008 dated 01.01.2008. It appears that the said Officer could not complete the inquiry and the Public Interest Litigation was filed alleging that persons with vested interest and land mafia were trying to hush up the whole episode and the probe or inquiry was not proceeding on the right direction.

3. This Court showed indulgence by admitting the case and by issuing notice from time to time and number of orders have been issued. Part compliance was shown but the Divisional Commissioner took quite some time to conclude the inquiry.

4. It is submitted by Mrs. Seema Shekhar, learned Senior Additional Advocate General that Shri Sudhanshu Pandey (IAS) is replaced by Shri Shantmanu (IAS) and the subsequent Officer submitted his inquiry report on 13.03.2015. This fact is not in dispute.

5. Based on the aforesaid report, the General Administration Department forwarded the file to the Crime Branch, Jammu for taking appropriate action. There again the issue got struck and the Crime Branch could not proceed in the matter forcing the Court to issue several directions. The last direction issued by this Court dated 03.10.2016 reads as follows:

“Heard Mr. S.S. Ahmed, learned counsel for the appellant and Mr. L.K. Sharma, learned Sr. counsel and Mrs. Seema Shekhar, learned Sr. AAG for the respondents.

The controversy as such is that the Deputy Commissioner, Jammu has to provide certain documents relating to the present issue to the investigating Officer so as to conclude, as to whether there is tampering of record or forgery committed by one or other persons in relation to the title of the property.

We request Mrs. Seema Shekhar, learned Sr. AAG to instruct the Deputy Commissioner, Jammu to inform her and produce the record to the Investigating Officer and report compliance on 17.10.2016.

Copy of this order be supplied to Mrs. Seema Shekhar, Sr. AAG for its further transmission to Deputy Commissioner Jammu, Tehsildar and Patwari concerned for their active cooperation in the matter without delay.

It is made clear that the Deputy Commissioner, Jammu will not be given further time. Inaction in this case will be viewed seriously.

List on 17.10.2016.”

6. In response to the aforesaid order, Mrs. Seema Shekhar, learned Senior Additional Advocate General states that the Deputy Commissioner, Jammu took steps to deliver the record to Crime Branch and Tehsildar Bahu was directed to handover the records to Crime Branch. This is evident from the compliance report dated 17.10.2016 which is filed today and copy of the same is furnished to Mr. S.S. Ahmed, counsel for the petitioner as well as counsel for the private respondents.

7. We direct the Crime Branch to take up the investigation with all earnestness based on the report of the Divisional Commissioner – Shantmanu (IAS) and also on the basis of records that have been produced. The Crime Branch may also take into consideration the records produced by respondent Nos. 8 to 10 represented by Mr. M.A.Goni, learned Senior Advocate. The investigation shall be done in an impartial manner. If any serious violation is found, appropriate action shall be taken by the competent authority as per law. The General Administration Department is directed to co-operate and ensure that the investigation by the Crime Branch is concluded to its logical end without any further delay.

8. Normally Courts will be loath to prescribe time limit to inve