HC forms Tribunal to investigate illegal periphery properties

The High Court today also directed Punjab to provide a place for functioning and infrastructure to the Tribunal in two weeks. Making it clear that the Tribunal would give findings on the nature of land allegedly grabbed by people,the HC has ruled that legal questions pertaining to cases will be left open by the Tribunal. If the Tribunal finds illegality committed in certain cases,it will be at liberty to recommend criminal action against the culprits. The State government has been given one month to do the needful.

Significantly,the High Court has also included jumla mushtarkan malkhan land other than shamlat / forest/ nazool land which were already under the HC scanner. The inclusion of jumla mushtarkan malkhan land assumes significance since the Punjab government had given a clean chit to its bureaucrats and politicians who had transferred/ sold such land. Dictating the order in the open Court,the Bench remarked that there is no provision in the rules pertaining to sale of shamlat land or jumla mushtarkan malkhan land.

The Bench also rejected the stout opposition to the setting up of a Tribunal raised by Punjab Advocate General Ashok Aggarwal,who had contended that “the special Tribunal would not serve any public purpose”. Turning down the opposition,the Bench emphasised the significance of having a Tribunal,especially when 60 Punjab government high-ups,including the Chief Minister and DGP had figured in the list of persons owning land in the city periphery. The government had given a clean chit to all but seven of these high-ups.

The High Court also noted a request by senior lawyer M L Sarin,amicus curiae in the case,wherein he had referred to a Supreme Court judgment that had directed Chief Secretaries of all States to restore shamlat land. The directions were passed during the resumed hearing today of a suo motu notice taken by Justice Ranjit Singh of the High Court on the issue of properties owned by high-ups in the UT periphery.

In 2007 the court had directed the Punjab government to conduct an investigation and submit a report. Even after conducting the probe and submitting several status reports,the High court observed,no “tangible progress” was shown and no “tangible” action was taken against the culprits.