ACB registers FIR against officers/officials of Jammu Municipal Corporation/ Revenue/ JK Bank and beneficiaries for construction of Mall over Khasra No. 93 min. of village Sidhra, Jammu in contravention of rules of building permission.

A Joint surprise Check(JSC) was conducted to look into allegations that one Naseema Rashid Wani W/O Rashid Wani and others got permission from JMC for construction of Mall over Khasra No. 93 min. of village Sidhra but the construction being raised is beyond permitted limits and tower is also constructed by encroaching upon Nallah and Gair Mumkin Choi(Govt. Land) at bypass Sidrah Jammu in clear violation of master plan 2032 in connivance with officers/Officials of Municipal Corporation and the Revenue department Jammu.

2. During JSC it surfaced that on 06.09.2016, Mrs. Naseema Rashid Wani W/O Mr. Rashid Wani and Mrs. Asra Rashid Wani D/O Mr. Rashid Wani both r/o Ladhoo Pampore District Pulwama, A/P Sidhra by-pass Jammu obtained Building Permission from JMC authorities vide No. 260/BS/17 dated 05.08.2017 for construction of a commercial complex at Sidhra Jammu.The construction work of commercial complex was started. It remained uninterruptedly in progress till 28-02- 2018. A show cause notice was issued by the JMC on 02.03.2018 and thereafter demolition notice on 13.03.2018 was served to the violators citing therein violation to the tune of 818 Sq. Ft.

3. The demolition notice was challenged by the violators/ building permittees in the Hon’ble Court of Special Tribunal Jammu wherein they managed to obtained stay order dated 14.03.2018 qua the above-said demolition notice. Despite knowledge that on spot construction was never stopped by the violators, the violation which happened between March 2018 and December 2018 was more than 150% of the permitted floor area, the Hon’ble Tribunal vide its order dated 24.12.2018 directed the JMC to receive compounding fee @ Rs. 50 per Sq. Ft. for the deviations and compounded all the major violations reported to it.

4. It has come to fore during probe that the violators deposited Rs.3211900/- in the official account of JMC in two installments of Rs. 1605950 on 27.12.2018 on behalf of Naseema Rashid Wani and Asra Rashid Wani. The acknowledgment receipt was provided by the JMC authorities vide Nos. JMC/ACCTS/2170-71 dated 04.02.2019 and JMC/ACCTS/52 dated 03.04.2019.

5. During further probe, it has also surfaced that even after compounding of illegal construction by the Tribunal vide its order dated 24.12.2018, the violators kept on raising the illegal structure and the officers/ officials of JMC failed to stop the illegal construction which they were duty bound to do. They have failed to take timely action with respect to assailing of the compounding order by the Tribunal in higher forum, instead received the compounding payment while maintaining criminal silence.

6. It has also surfaced during probe that the above said building permission has been issued by the JMC in respect of agricultural land without seeking permission for change in land use. The Revenue authorities have issued NOC for construction of commercial complex over agricultural land in gross violation to the rules governing subject. The permission issued was in contravention of rules and regulations. Further the structure has been raised by also by encroaching upon 03 marlas of Govt. land. The officers/ officials of J&K Bank have also advanced huge loan worth crores in favour of violators for raising the illegal structure without going into merits of the case which was sanctioned in favour of the violators.

7. These omission and commissions on the part of officers/ officials of JMC Jammu, Revenue Department Jammu, the J&K Bank officials, the beneficiaries namely Mrs. Naseema Rashid Wani W/o Mr. Abdul Rashid Wani R/o Ladhoo Pampore District Pulwama, Kashmir A/P Sidhra Bye Pass, Jammu and Ms. Asra Rashid Wani D/o Mr. Abdul Rashid Wani R/o Ladhoo Pampore District Pulwama, Kashmir A/P Sidhra Bye Pass, Jammu and others constitute offences punishable under section 5(1) (d) read with section 5(2) of JK PC Act Svt. 2006 and section 120-B RPC. Accordingly, case FIR No. 19/2020 was registered in P/S ACB Jammu.

8. Further investigation of the case is going on.

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