JAGAT SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner Khazan Chand, an Addl. Deputy Commissioner, in Revision Petition No.1/92 and petitioners Jagat Singh and others in Bail Application No. 110/ 91 are alleged to be the kingpins of a criminal conspiracy by which the State is alleged to have been defrauded to the tune of Rs. 1,51.23,000.00-. They are involved in what is popularly known as "Birpur Land Scandal case". The petitioners in both the cases have prayed for the grant of bail in anticipation of their arrest in terms of S. 497A, Cr.P.C. None of the petitioners has so far been arrested by the investigating agency.

(2.) The facts of the case as disclosed by the investigating agency are that the land measuring 2253 kanals 12 marlas situate at village Birpur, tehsil Jammu, was requisitioned for the use and occupation of the Indian Army by the Deputy Commissioner, Jammu, under the provisions of the Requisitioning and Acquisitioning of the Immovable Property Act, 1968, in the month of July, 1977. The land included 1600 kanals out of the land comprising survey No. 1035. It is alleged that the said land was intially Shamlat Deh. 374 Kanals 18 Marlas out of this land was transferred in favour of the State under the Big Landed Estates Abolition Act, through a mutation, Annexure R1. It is further alleged that being Banjar Qadim i.e., unculturable, 2192 kanals 16 marlas out of remaining 2274 kanals was transferred in favour of the State and reserved for grazing purposes of the village community vide mutation No. 884 dated 27-6-1959 (Annexure R2). Only 81 kanals and 4 marlas of land continued as Shamlat Deh Hasab Rasad Khewat. The entries regarding the nature of land and its reservation were verified and confirmed which were duly reflected in Jamabandi of 1959-60 (Annexure R3). The land continued to be used for grazing purposes for the village community till 1987 when the Indian Army occupied it. The land was acquired vide notification in Form-J on 27-4-1989 which included 1600 kanals comprising Khasra No. 1035. The case was transferred to the Deputy Commissioner, Jammu, vide notification SRO-59 of 1970 dated 6-2-1970 to perform the functions under the 1968 Act. He assessed compensation of the land, both State and private, and submitted the case to the Government for approval.

(3.) In 1988 Ravel Singh and Rachhpal Singh petitioners made applications before the Asstt. Settlement Officer, Jammu, for verification of their possession over 81 kanals and 4 marlas of land out of survey No. 1035 / min on the plea that they had that much share in Shamlat Deh and their possession was not entered in the revenue record. The settlement Tehsildar without any notice to the State or the villagers, in his ex parte order, held that the ownership rights of the land owners in the village had extinguished under the Big Landed Estates Act and the same stood exclusively reserved for grazing purposcs vide mutation (Annexure R2). He further reported that same land had escheated in favour of the State and the tenants in the ownership. He directed on 30-8-1988 that possession of Ravel Singh and Rachhpal Singh had entered 81 kanals 6 marlas of Shamlat Deb land provided the same did not contravene the provisions of the Agrarian Reforms Act.