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Lodge FIR over land encroached by school linked to Jagir Kaur: HC
No direction has been given against her. There is nothing against her in the vigilance report: Jagir Kaur’s lawyer
The Punjab and Haryana high court has ordered the vigilance bureau to register a criminal case into encroachment of land by a school in Kapurthala’s Begowal area, linked to former SGPC chief and ex-Bholath MLA Jagir Kaur.
The high court bench of justice Vinod S Bhardwaj acted on a 2014 petition by one George Subh, who had alleged encroachment of land worth ₹100 crore of the Notified Area Committee (NAC) in Begowal by a school, the Sant Prem Singh Khalsa High School and sought an independent probe.
During the proceedings of this case, the high court in 2023 had asked the vigilance bureau to conduct a preliminary enquiry as regards lapses committed by the officials, who were in charge and responsible for ensuring the protection of public land but failed to do so and existence of any criminal angle.
Taking note of the report, the high court said there are sufficient grounds at this juncture for the court to direct the vigilance bureau director to take appropriate steps including registration of criminal cases against the officials who were found wanting in duty and performance of statutory functions.
The executive officer, nagar panchayat, Begowal, has also been directed to take all effective steps under the Punjab Municipal Act, 1911 for effecting recovery of the outstanding dues/charges from the occupants of the premises and also to take steps for taking back the land. The bureau as well as state authorities have been told to file a compliance report within six months of criminal as well as departmental proceedings.
Kaur was party to the proceedings before the high court.
Her lawyer, however, said, “No direction has been given against her.”
“Neither there is anything against her in the vigilance report. She is associated with the society, which runs the school and has no role in day-to-day affairs,” said R Kartikeya, one of Kaur’s lawyers.
It is also to be noted that on the same issue in April 2021, a high court bench had stayed the order of Punjab Lokpal ordering a probe against Kaur over alleged encroachment of land. The allegations are that the nagar panchayat land has been illegally possessed by the school run by a society, where Kaur has remained president on different occasions. The land as per complaint belongs to Begowal nagar panchayat and is worth ₹100 crore.
VB pegs revenue loss at ₹5.9 crore
As per the vigilance report, the executive officer of the Notified Area Committee (NAC) had not initiated any action or steps to remove the encroachment or to retrieve the land, which is in possession of the school. NAC has also not collected necessary usage charges for the land measuring 172 kanal-15 marlas. The report had pegged the loss at ₹5.91 crore.
The report said, only one notice in June 2014 was given by the executive officer, Begowal, to the school ever since NAC came to be notified in 1993. Despite the notice, no action was taken to retrieve the land.
“It has also transpired that the documentation in relation to leasing out of the land and/or change of the entries are also not forthcoming. A perusal of the aforesaid report, which is preliminary enquiry report, substantively reflects that the authorities preferred to turn a blind eye when the land of the Notified Area Committee was being encroached upon and occupied by persons who had no authority in law to take possession of the same,” the court observed adding that authorities were conscious and aware of the land being an NAC land and under encroachment.
“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,” the court further recorded.
