Court Says Allegations Warrant Further Investigation; ACB Claims Land-Use Certificate Was Manipulated and Fresh NOCs Were Not Obtained
SRINAGAR, SEPTEMBER 6: The Jammu & Kashmir and Ladakh High Court has permitted the Anti-Corruption Bureau (ACB) to continue its investigation into alleged irregularities linked to the construction of a multi-storeyed structure along the banks of the River Jhelum near Abdullah Bridge in Rajbagh, Srinagar.
Justice Sanjay Dhar, while hearing the matter, observed that the allegations forming the basis of the FIR warranted further investigation. The Court made it clear that it was not expressing any final opinion on the competing claims and allowed the investigating agency to proceed in accordance with law.
The Court, however, observed that custodial interrogation of the petitioners was not required at the present stage, noting that they were not in possession or custody of the records that the investigating agency required for its probe.
ACB Raises Questions Over Land-Use Status
During the hearing, the ACB alleged that the certificate indicating the construction site as falling within a commercial zone had been manipulated.
The investigating agency maintained that the land was, in fact, part of a water body identified under the Srinagar Master Plan 2000-2021.
The ACB further submitted that fresh No Objection Certificates (NOCs) were allegedly not obtained after earlier permissions had been cancelled by the Irrigation and Flood Control Department through a circular issued on October 28, 2014.
On this basis, the agency questioned the legality of the subsequent permissions granted for construction at the site.
Petitioners Question Delay in Registration of FIR
The petitioners, however, contested the allegations and argued that modified building permission had been granted in their favour in 2017.
Their counsel also questioned the timing of the FIR, pointing out that it was registered nearly nine years after the modified permission was granted.
It was further submitted that a verification had earlier been conducted by the authorities and, according to the petitioners, no criminal wrongdoing was found either against them or the officials concerned.
Earlier Proceedings Also Focused on Riverbank Construction
The High Court took note of its previous proceedings concerning the construction activity at the location.
In an earlier order, the Court had observed that it was custodia legis and in seisin of the River Jhelum, and had questioned how construction activity along the riverbank near Abdullah Bridge could have been permitted without bringing the matter to the Court’s notice.
The Court had subsequently sought an explanation from the concerned authorities regarding the circumstances under which construction permission had been issued for the property.
The earlier proceedings also recorded concerns over the continuation of substantial multi-storeyed construction at the site despite the issues raised before the Court.
The property is situated in the Rajbagh area near Abdullah Bridge and is surrounded by important road links, including the routes leading towards the Convent School.
ACB Investigation to Continue
In its latest order, the High Court has therefore allowed the ACB to proceed with its investigation into the allegations contained in the FIR.
At the same time, the Court imposed a significant safeguard by directing that if the ACB decides to file a charge-sheet against the petitioners, it must first obtain permission from the High Court.
The order leaves the allegations open for investigation and does not determine the guilt or innocence of any party, with the ACB now free to pursue the probe in accordance with law. (KNC)
