Strips were mostly meant for those who have adjoining plots along with strip and if the size of strip is more than 500 Sqft, it can never be called as strip but under established rule this should be termed as plot but in the present case, such parameters were not observed
So called strip No. 40 measuring more than 2 Kanal falling under Khasra No.318/148 Min originally belonged to Himmat Singh and his sons who approached JDA Jammu that strip which was allotted to Shanti Swroop Gupta was actually their land measuring 2 Kanal 14 Marlas and how without their permission, they allotted this land to Shanti Swroop Gupta
When RTI application filed to know on whose name strip No. 40 has been allotted where plots 227-B, 227-C and 227-D respectively existing and out of them 227-B, 227-C have residential houses and 227-D is still vacant JDA reply claimed that file is missing in office and as on date the official record of Strip No. 40 is not available
2nd Appeal filed before CIC New Delhi in its decision on 16-3-2023 vide 2nd Appeal order No. CIC/UTOJK/A/2022/102343 dated 16-3-2023, directed JDA to admit on Affidavit drawn on non judicial stamp, duly sworn that record of strip No.40 as per JDA record is not available but JDA hasn’t yet produced affidavit as per direction of CIC
GY CORRESPONDENT
jammu, aug 16
It has been observed time and again that several top rank officers in various govt departments have very conveniently managed possessions including land, flats and other movable and immovable properties. Such an incident has been witnessed in Jammu Development Authority (JDA) wherein one now retired Executive Engineer Shanti Swroop Gupta during in service at JDA Division-1 managed to get allotment of strip No.40 in Sector-1A Trikuta Nagar Jammu on main road without any official/open auction of the same in public domain secretly. Gupta then converted this strip approximately measuring 10000 Sqft (2 Kanal) into three residential plots. It deserves mentioning here that keeping in view the size of strip and from where on wards three residential plots managed was not at all strip but to spend less and get more, Gupta fraudulently named it strip as whose size in almost all the cases has never been more than 500 Sqft. Moreover these strips were mostly meant for those who have adjoining plots along with strip and if the size of strip is more than 500 Sqft, it can never be called as strip but under established rule this should be termed as plot but in the present case, such parameters were not observed. Accordingly three plots were numbered as 227-B, 227-C and 227-D respectively and the size of these plots were 40×90 from front side. 227-B has been registered in the name of Madhu Gupta daughter of Shanti Swroop Gupta and wife of Bhushan Gupta, 227-C is also registered in the name of other daughter of Shanti Swroop Gupta and third plot is registered in the name of third daughter Shama Gupta of Shant Swroop Gupta who later sold out it to Dr Vikas Gupta s/ o JP Gupta r/o 149-Sector-A Trikuta Nagar Jammu ,at present the plot is vacant. This came to fore when the original owner of this so called strip measuring more than 2 Kanal falling under Khasra No.318/148 Min Himmat Singh and his sons approached JDA Jammu that the strip which was allotted to Shanti Swroop Gupta was actually their land measuring 2 Kanal 14 Marlas and how without their permission, they allotted this land to Shanti Swroop Gupta. JDA told them that out of 2 Kanal 14 Marlas , 14 Marlas has been acquired by JDA and 2 Kanal land is Khud Kasht in the name of Himmat Singh as per revenue record also. But at the site there was no land in their name and infect the same land was allotted in the name of Shanti Swroop Gupta. Accordingly , the original owners of land in question filed civil suit in the Court of 1st Civil Subordinate Judge Jammu vide Case No.CNR No. JKJM020022872022 dated 31-3-2022 in case titled Mohan Singh s/o late Himmat Singh r/o Channi Bija, Trikuta Nagar Jammu, Jaswant Singh s/o late Sansar Singh r/o Channi Bija, Trikuta Nagar Jammu Vs Vice Chairman, JDA and Director Land Management, JDA and the trial of case is going on. Furthermore when owners file a RTI application with JDA to know on whose name strip No. 40 has been allotted where plots 227-B, 227-C and 227-D respectively existing and out of them 227-B, 227-C have residential houses and 227-D is still vacant . The in written reply claimed that file is missing in office and as on date the official record of Strip No. 40 is not available. As a result of which First appeal was filed but the reply was same that is no record is available in this regard. Accordingly 2nd Appeal was filed before CIC New Delhi which was decided on 16-3-2023 vide 2nd Appeal order No. CIC/UTOJK/A/2022/102343 dated 16-3-2023, JDA was directed to admit on Affidavit drawn on non judicial stamp, duly sworn that asked as per JDA record is not available. The asked information was to provide photocopy of allotment order of strip No.40, Sector-1A Extension Trikuta Nagar Jammu allotted to Ram Swroop Gupta/ daughter along with photocopy of strip adjoin with plot No. 227, Sector-1A Trikuta Nagar Jammu JDA Colony besides providing photocopy of allotment order and present owner of this strip along with relevant documents with name and address of transferee. Further asked information was to provide photocopies of allotment order of plot No. 227B in the name of Kulbushan Gupta and 227C Raj Kumar and 227D Shama Gupta in Sector -1A Trikuta Nagar Jammu besides if plots were transferred in anybody else name. In reference to this direction JDA provided affidavit No. JD0028205236 dated 5-4-2023 but without writing that asked information is not available as per JDA record to information seeker vide No. JDA/AO/RTI/1261-62/80 dated 6-4-2023. As a result of which the information seeker again dispatched a letter to produce affidavit as per direction of CIC, New Delhi dated 22-5-2023. After waiting for days together for reply, the information seeker again wrote a letter to JDA dated 30-7-2023 and also complaint was lodged with CIC New Delhi against JDA for not implementing CIC order.But since then no communication has been made with information seeker. So far JDA hasn’t produced affidavit purely as per directions of CIC that is this affidavit should have in writing that the asked information is not available as per JDA record.
