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First Information Report FIRST INFORMATION REPORT (Under Section 154 Cr.P.C.) 1. District: Jammu PS: ACB Jammu Year: 2020 FIR No: RC0042020A0012 Date: 21/11/2020 2. Acts & Sections: Acts Sections R/W Section J&K PC Act, Samvat 2006 5(1)(d) Section 5(2) of J&K PC Act, Samvat 2006 J&K Penal Code Section 5(1)(d) r/w 5(2) of J&K PC Act, Samvat 2006 and r/w section 17 of J&K (Ranbir Penal Code) 120-B State Lands (vesting of ownership to the occupants) Act, 2001 3. Suspected offences: Criminal Conspiracy,Criminal Misconduct (a) Occurrence of offence: Day: Time Period: From Date: To Date: (b) Information Received at PS: Date: (c) General Diary Reference: Entry No.: 02 Date: 21/11/2020 Time: 13:40:12 4. Type of Information: Others 5. Place of Occurrence: Jammu (a) Direction &distance from PS: Beat No.: (b) Address: Plot No.: Area: City: Pin: State: Jammu and Kashmir District: Jammu (c) In case, outside the limit of this Police Station, then Name of PS: District: 6. Complainant / Informant: 7. Details of known/suspected/unknown accused with full particulars: Accused 1 Name: Mr.Hirdesh Kumar Singh(01), Designation: the then Dy Commissioner Address: Accused 2 Name: Mr.Bashir Ahmed(01), Father/Husband name: Moshar Din Address: Accused 3 Name: Unknown Public Servant(s) & Private Person(s) Address: 8. Reasons for delay in reporting by the complainant/informant: 9. Particulars of properties stolen: Item Name Age of Property Estimated Value (in INR) 10. Total value of property stolen: 1 of 71 11. Inquest Report/U.D. Case No., if any: 12. First information contents: At para 119(VIII) of the order dated 09.10.2020, passed in PIL No. 19/2011 (Prof. S. K. Bhalla Vs. State of J&K and others), the Hon’ble High Court of J&K has directed that Anti Corruption Bureau, UT of J&K shall place complete records of all matters regarding land encroachment/ Roshni Act or Rules being enquired into or cases investigated into by it, before the CBI which shall proceed with the further inquiries and investigations therein in accordance with law (copy of the said order is enclosed). In pursuance to the said order, records of the FIR 15/2014 dated 29.05.2014 of PS VOJ (now ACB) have been received from Anti-Corruption Bureau, UT of J&K. The contents of the said FIR are reproduced as under: “ A verification was conducted into the allegations regarding bunglings committed in the implementation of Jammu & Kashmir States Land (vesting of ownership to the occupants) Act 2001 (Roshni Act). During the verification in one of the cases, it has emerged that in respect of case file no. 911-4 of Sh. Bashir Ahmed S/o Sh. Moshar Din R/o Katal Batal, Tehsil & District Jammu land measuring 63 Kanals and 15 Marlas comprising in Khasra No. 259, 260, 261, 263 and 264 of village katal Batal was ordered for vesting the ownership vide order no. DCJ/HQA/Roshni/Agr-2383-84 dated 15.10.2007 by District Collector, Jammu. Pursuant to order passed by District collector, Jammu, the said land was transferred in favour of Shri Basir Ahmed vide mutation No. 760 of 2008 under aforementioned Act in Agriculture category. Verification conducted has revealed that land measuring 24 Kanals and 04 Marlas has been shown in Khasra Girdawari copy as Ghair Mumkin / Phat (Sharp Sloppy) and remaining land is shown under cultivation whereas residential house of the above said beneficiary is also reflected in Khasra No. 263. The spot inspection conducted by Vigilance Organisation has unravelled that Khasra Nos. 259, 261 & 263 measuring 31 Kanals & 03 Marlas are under cultivation, land falling under khasra No. 260 min and 264 measuring 34 Kanals & 04 Marlas is non cultivable and a patch of land measuring 10 Kanals falling under khasra no.260 min has not been shown in AKS Tatima as per its actual existing position on ground. The land measuring 31 Kanals & 03 Marlas is under proper cultivation and falls under agricultural category whereas, remaining land measuring 34 Kanals & 04 Marlas is non cultivable land and does not fall under Agriculture Category, but ownership have been vested to the above named person under Agriculture category, in order to grant him illegal benefit which is ultra-vires the Provision of the J&K States Land (vesting of ownership to the occupants) Act, 2001 (Roshni Act). Similarly in other files made available the land has been vested illegally in contravention of the Act regarding which verification is going on. The aforementioned acts of commission and omission on the part of Sh. Hirdesh Kumar Singh, the then District Collector Jammu and other Officers / Officials of Revenue Deptt Jammu and beneficiaries namely Sh. Bashir Ahmed S/o Sh. Mosher Din constitutes offences u/s 5(1) (d), 5(2) of J&K PC Act, 2006, r/w section 17 of J&K States Land (vesting of ownership to the occupants) Act, 2001 and section 120-B RPC. Accordingly, a case is registered in P/S VOJ and investigation is entrusted to Inspr. Ashok Singh of P/S VOJ. Sr. Supdt. of Police Vig. Org. Jammu ” Therefore, in pursuance to the directions of Hon’ble High Court of J&K, the FIR 15/2014 of PS VOJ (now ACB) is re-registered against Sh. Hirdesh Kumar Singh, the then District Collector, Jammu; unknown officers / officials of Revenue Department, Jammu; Sh. Bashir Ahmed S/o Sh. Moshar Din r/o Katal Batal, Tehsil & District Jammu & unknown others, u/s 120-B RPC r/w 5(1)(d) r/w 5(2) of J&K PC Act, Samvat 2006 and r/w section 17 of J&K State Lands (vesting of ownership to the occupants) Act, 2001 and substantive offences thereof. The FIR is entrusted to Shri Jagdeep Singh, Inspector, CBI, ACB, Jammu, for Investigation. 13. Action taken : Since the above information reveals commission of offence(s) u/s as mentioned at Item No.2: (1) Registered the case and took up the investigation: Yes OR (2) Directed Name of IO: JAGDEEP SINGH Rank: INSPECTOR (ACB Jammu) No: 103667 to take the investigation OR (3) Refused investigation due to: OR (4) Transfered To PS: District: on point of jurisdiction. Attached documents: Document name Judgement dated 09.10.2020. FIR No. 15 of 2014. Case Status FIR read over to the complainant/informant, admitted to be correctly recorded and a copy given to the complainant / informant, free of cost. R.O.A.C. 2 of 71 Signature/Thumb Impression of Signature of Officer 14. the complainant/informant in-charge Police Station Name: VIDYUT VIKASH Rank: SUPDT. OF POLICE (ACB Jammu) 15. Date and time of dispatch to the Court: 3 of 71 IA No. 48/2014 & CM Nos. 4036, 4065 of 2020 in PIL No.19/2011 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU IA No. 48/2014 & CM Nos. 4036, 4065 of 2020 in PIL No.19/2011 (Through Video Conferencing from Srinagar) Reserved on: 23.09.2020. Pronounced on: 09.10.2020 Prof. S. K. Bhalla Through: Mr. S. S. Ahmed, Advocate. (On video conferencing from office at Jammu) Mr. Ankur Sharma, Advocate in IA No. 48/2014 (On video conferencing from office at Jammu) Mr. Sheikh Faraz Iqbal, Advocate in CM No. 4036/2020 (On video conferencing from office at Jammu) Ms. Meenakshi Salathia, Advocate in CM No.4065/2020 (On video conferencing from office at Jammu) v/s State of J&K and others Through: Mr. Raman Sharma, Additional AG (On video conferencing from office at Jammu) Mr. S. S. Nanda, Sr. AAG (On video conferencing from office at Jammu) Mr. Adarsh Sharma, Advocate for Page 1 of 64 4 of 71 IA No. 48/2014 & CM Nos. 4036, 4065 of 2020 in PIL No.19/2011 respondent no.14 (On video conferencing from office at Jammu) Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate (On video conferencing from office at Jammu) CORAM: (On Video Conference from residence at Srinagar) JUSTICE RAJESH BINDAL, JUDGE (On Video Conference from residence) ORDER GITA MITTAL, CJ IA No. 48/2014 25. The Public Trust Doctrine primarily rests on the principle that certain resources like air sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjust to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. According to Professor Sax the Public Trust Doctrine imposes the following restrictions on governmental authority: "Three types of restrictions on governmental authority are often though to be imposed by the public trust: first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash equivalent; and third property must be maintained in particular types of uses". Page 2 of 64 5 of 71 IA No. 48/2014 & CM Nos. 4036, 4065 of 2020 in PIL No.19/2011 34. Our legal system - based on English Common Law - includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment.
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