Encroachment of land in Kapurthala: High Court directs Punjab Vigilance Bureau to act, book officials

Chandigarh, July 2

A decade after a petition was filed alleging encroachment upon more than 149 kanals of prime land in Kapurthala district, the Punjab and Haryana High Court has asked the Director, Vigilance Bureau, Punjab, to take appropriate steps, including registration of criminal cases against the officials “found wanting in duty and in performance of statutory functions”.

Beghowal official told to take effective steps

• Justice Vinod S Bhardwaj directed the Beghowal nagar panchayat through its executive officer to take effective steps under the Punjab Municipal Act for recovery of outstanding dues/charges “from the occupants of the premises”
• The officer was also directed to take appropriate steps in accordance with law for retrieving the land’s possession
• Justice Bhardwaj also called for compliance report on criminal/departmental action by the Vigilance and the state

The direction by Justice Vinod S Bhardwaj came on a petition by George Subh against SGPC’s former chief Bibi Jagir Kaur and other respondents. Among other things, Subh had alleged that Jagir Kaur had encroached upon a portion of Begowal nagar panchayat land. Some part of it was also being utilised to run a high school.

Justice Bhardwaj also directed the Beghowal nagar panchayat through its executive officer to take effective steps under the Punjab Municipal Act for recovery of outstanding dues/charges “from the occupants of the premises”. The officer was also directed to take appropriate steps in accordance with law for retrieving the land’s possession.

Disposing of the matter, Justice Bhardwaj also called for compliance report on criminal/departmental action initiated by the Vigilance Bureau and the state. The compliance report on dues’ recovery and steps for retrieving possession was also directed to be furnished. A six-month deadline was set for the purpose.

Referring to a report called for by the high court, Justice Bhardwaj asserted its perusal showed non-initiation of action/ steps by the executive officer of the NAC or the gram panchayat to remove the encroachment or for retrieving the land in unauthorised and unapproved possession of the school or even for collecting necessary usage charges for 172 kanals and 15 marlas.

Justice Bhardwaj observed the quantified loss conveyed by the Punjab Director, Vigilance Bureau, was of Rs 5. 91 crore. Justice Bhardwaj further observed the report substantively reflected that the authorities preferred to turn a blind eye when the land was being encroached upon and occupied by persons having no authority in law to take its possession. The issuance of a notice showed the authorities concerned were conscious and aware that the land belonged to the NAC and was under encroachment by the respondents.

“Despite such consciousness, there is no explanation coming forth as to why the authorities failed to take action. The only inference that can be drawn under such circumstances is that there may be some quid pro quo between the officials as well as the management and in the profit sharing module, they preferred not to discharge their duties and take appropriate and effective steps that the law mandates to take and thus facilitated encroachment of public property,” Justice Bhardwaj asserted.