Crime Branch, Jammu has registered an FIR against Ashok Kumar, Gagan Kumar, Ramesh Kumar, Dinesh Kumar, all sons of Late. Ved Prakash Sawhney R/o Rakh Raipur, Vikram Chowk, Jammu, Sunny Sawhney S/o Late Girish Sawhney, Alka Sawhney W/o Late Girish Sawhney R/o Rakh Raipur, Vikram Chowk, Jammu, R.K. Thusu the then Executive Officer Jammu Municipality, Surinder Kumar Sharma the then Sr. Town Planner Jammu Municipality, Subash Chander Patwari Halqa Rakh Raipur, Jammu, Shanti Saroop Gupta the then Tehsildar Jammu and other officers/officials of Jammu Municipality/Revenue Department.
The Secretary Municipal Corporation, Jammu lodged the complaint alleging therein that one Fami Chand Sawhney was allotted by the Military Department (Cantonment Board) Qtr. No. 4, 5 & 6 measuring 538 sft, 180 sft. and 220 sft., as well as two pieces of open land measuring 3 kanal and 36 sft. situated at Rakh Raipur, Vikram Chowk across Tawi Bridge, Jammu. The premises came to be transferred by the Military Department (Cantonment Board) to Jammu Municipality during sixties. Complainant further alleged that Ved Prakash S/o Fami Chand occupied and constructed illegal shops/khokhas over the said land without the permission from the Municipality, thereby violating the agreement of lease executed between him and the Municipality, which was subsequently cancelled by the Municipality in the year 1973 through a resolution.
Later the allotment was also cancelled in the year 1987 by the Municipality after affording an opportunity to Ved Prakash of being heard. Ved Prakash challenged the order of cancellation of his allotment before the J&K Special Tribunal which was dismissed and thereafter he approached the Hon’ble High Court but his petition was dismissed and order of eviction was passed by the Hon’ble High Court on 10.03.1997. The order of eviction was not implemented on ground and the land in question, being the Municipality land, was illegally mutated by Tehsildar Jammu in his favour on 05.01.2005. After getting the land illegally and fraudulently mutated, three members of the family of Ved Prakash namely Smt. Alka Sawhney, Sh. Gagan Sawhney and Sh. Dinesh Sawhney managed the building permission from Building Operation Controlling Authority (BOCA) but the same was subsequently withdrawn on the ground that Ved Prakash was not the owner of Municipal land and that the land was fraudulently mutated.
During the course of enquiry, it was found that the land in question was state land and despite the orders of eviction passed by the Hon’ble High Court, the illegal occupants connived with the then Executive Officer Jammu Municipality R.K. Thusu, Surinder Kumar Sharma, Sr. Town Planner and Khilafwarzi Inspector Jammu Municipality (now JMC) who facilitated the illegal and fraudulent mutation of land/premises through Subash Chander, Patwari Halqa Rakh Raipur, Jammu, Shanti Saroop Gupta, the then Tehsildar Jammu in favour of beneficiaries namely Ashok Kumar, Gagan Kumar, Ramesh Kumar, Dinesh Kumar, all sons of Late Ved Prakash Sawhney and Sunny Sawhney S/o Late Girish Sawhney, Alka Sawhney W/o Late Girish Sawhney R/o Rakh Raipur, Vikram Chowk, Jammu, thus committing cheating, fraud and causing wrongful gains to the beneficiaries and wrongful loss to the Jammu Municipal Corporation/state by abuse of their official positions. Accordingly, case FIR No. 6/2015 under section 420, 467, 468, 471, 120-B RPC read with section 5(2) P.C Act Svt. 2006 was registered in Crime Branch, Jammu and further investigation has been taken up.