Srinagar, Feb 26 (KNO): Anti-Corruption Bureau (ACB) has presented a chargesheet against three accused, including two officials, in a case relating to granting of an illegal building permission and encroachment of notified land in Kupwara District.
In a statement issued to the news agency—Kashmir News Observer (KNO) an ACB spokesman said, “The chargesheet has been presented against the then Executive Officer, Khilafwarzi Inspector MC Kupwara & Ghulam Mohammad Mir Attorney holder for illegal building permission, encroachment & construction on notified land meant for construction/ expansion of bus stand Kupwara.”
The spokesman said: “A complaint against Executive officer MC Kupwara & others was received by ACB alleging therein illegal building permissions, encroachment & illegal construction on municipal land acquired by Govt for bus stand Kupwara for which compensation was already paid.”
“Accordingly, a Joint Surprise Check (JSC) was initiated which revealed that various irregularities were committed by the then Executive Officer MC Kupwara namely Bashir Ahmad Dar in sanctioning building permission to one Ghulam Mohammad Mir for construction of shopping complex at Bus Adda Regipora Kupwara who has illegally encroached notified land. Subsequently on culmination of the probe case FIR No 14-2022 was registered & investigations were set into motion,” he said.
“Investigations conducted revealed that the accused Executive officer MC Kupwara without following the due process issued two building permission for construction of double Storey shopping complex in favour of accused beneficiary Ghulam Mohammad Mir, attorney holder of land measuring 01 Kanal & 16 Marlas under Khasra No. 661 despite the fact that the NOC was not sought from Town Planning Organization which otherwise was mandatory & same was in utter violation of Jammu and Kashmir Control of Building Operation Act 1988,” he added.
The spokesman said: “It was found during the investigation that the land in question, on which the accused beneficiary constructed a building, had already been acquired for a public purpose and was duly notified for the construction of the Bus Stand at Kupwara. The accused was fully aware that building permission cannot be granted to private individuals for land that has been officially acquired for a public project. Once land is acquired, its ownership and land use are strictly tied to the specific purpose for which it was taken. Upon acquisition, the land vests in the Government or the concerned department, and private parties cease to hold the legal title required to apply for or obtain building permission.”
“The investigation further revealed that the accused public servant had full knowledge that the beneficiary’s application for building permission had been declined multiple times by his predecessors due to legal impediments related to the site. These impediments were clearly recorded in the building permission file through various note paragraphs and joint inspection reports. Despite being aware of these facts, the accused allegedly proceeded in a manner contrary to established rules and regulations,” he added.
“As a result, a loss of ₹57,37,500 was caused to the state exchequer, as the Government had already paid compensation for a portion of the said land on which the illegal construction was carried out. The action of the accused also jeopardized the future prospects of the prestigious Regipora Kupwara Bus Stand construction/expansion project, thereby placing individual interest above public interest. As custodians of public property, the accused were duty-bound to safeguard government assets and uphold the law,” the spokesman said.
“Upon completion of the investigation, a chargesheet was presented against Bashir Ahmad Dar, the then Executive Officer, Municipal Committee Kupwara; Mohammad Abdullah Malik (A-2), the then Khilafwarzi Inspector, Municipal Committee Kupwara; and Ghulam Mohammad Mir, the alleged illegal encroacher of the notified land. The accused have been charged under Section 5(1)(c) and (d) read with Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, Svt. 2006, and Section 120-B of the RPC, before the Special Judge, Anti-Corruption Court, Baramulla,” he said, adding that the Court has fixed April 18, 2026, as the next date of hearing in the case—(KNO)