Srinagar 27 Feb:
ACB presented chargesheet against the then Executive Officer, Khilafwarzi Inspector MC Kupwara & Ghulam Mohammad Mir Attorney holder for illegal building permission, encroachment & construction on notified land meant for construction/ expansion of bus stand Kupwara.
A complaint against Executive officer MC Kupwara & others was received by ACB alleging therein illegal building permissions, encroachment & illegal construction on municipal land acquired by Govt for bus stand Kupwara for which compensation was already paid.
Accordingly, a Joint Surprise Check (JSC) was initiated which revealed that various irregularities were committed by the then Executive Officer M.C Kupwara namely Bashir Ahmad Dar in sanctioning building permission to one Ghulam. Mohammd Mir for construction of shopping complex at Bus Adda Regipora Kupwara who has illegally encroached notified land. Subsequently on culmination of the probe case FIR No 14-2022 was registered & investigations were set into motion.
Investigations conducted revealed that the accused Executive officer MC Kupwara without following the due process issued two building permission for construction of double Storey shopping complex in favour of accused beneficiary Ghulam Mohammad Mir, attorney holder of land measuring 01 Kanal & 16 Marlas under Khasra No. 661 despite the fact that the NOC was not sought from Town Planning Organization which otherwise was mandatory & same was in utter violation of Jammu and Kashmir Control of Building Operation Act 1988.
It was also found that the land in question over which building was constructed by the accused beneficiary had already been acquired for public purpose i.e notified for construction of Bus Stand Kupwara , Beside this accused was fully aware that the building permission is not granted to private individuals for land that has been officially acquired for a public purpose. Once land is acquired, its ownership and “land use” are strictly tied to the specific public project for which it was taken.
Upon acquisition, the land vests with the Government or the concerned department. Private parties no longer hold the legal title required to apply for a building permission.
It also surfaced during investigations that the accused public servant was also having full knowledge that the building permission case of beneficiary was already declined a number of times by his predecessors due to legal impediments of the site and such impediments were well mentioned/ reflected in the building permission file through different note paras and joint inspection reports.
That by doing so a loss of ₹57,37,500 was caused to state exchequer as Govt had already paid compensation for some portion of said land on which illegal construction took place & this action of accused also jeopardize the future prospect of prestigious project of Regipora kupwara bus stand construction/expansion, thereby giving preference to individual interest over public interest which they were duty bound to protect being custodian of the public property.
After completion of investigations chargesheet was presented against accused Bashir Ahmad Dar, the then Executive Officer MC Kupwara , Mohammad Abdulllah Malik (A-2), the then Khilafwarzi Inspector MC Kupwara & Ghulam Mohammad Mir illegal encroacher of notified land for commission of offence U/S 5(1) (c) (d) r/w 5(2) Jammu & Kashmir Prevention of corruption Act Svt; 2006 and section 120-B RPC before special judge anti corruption court Baramulla.
Hon’ble court has fixed next date for hearing in the case for 18-04-2026.