ANIS AHMAD CHOUDHARY Vs. STATE OF J&K

JUDGEMENT

(1.) By this common judgment, above titled three petitions filed under Sec. 561-A of the J&K Cr. P. C, which is in pari materia with Sec. 482 of the Central Cr. P. C, are proposed to be disposed of.

(2.) 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 Sec. 5(2) of J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act) and Sec. 120-B RPC at Police Station Vigilance Organization, Kashmir (now ACB).

(3.) 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.