The officers, according to the Vigilance Organisation, violated the provisions of Roshni Act which was introduced during the Ghulam Nabi Azad led J-K coalition to give ownership rights of government land occupied by farmers across the state. The land transferred to private parties at Gulmarg, however, was earmarked for development of tourist infrastructure under master plan of Gulmarg Development Authority (GDA).

According to the Vigilance Organization, a case under prevention of corruption Act was slapped against Mehboob Iqbal, then Divisional Commissioner, Kashmir, Baseer Khan, District Collector, Garib Singh, then Tehsildar, Tangmarg, Farooq Ahmed Lone, then Chief Executive Officer, Gulmarg Development Authority, Farooq Ahmed Shah, then Additional Deputy Commissioner (now retired), Sarmad Hafiz, Joint Director, Tourism Department, Rafi Ahmad, then Assistant Commissioner, Revenue, Baramula and Ghulam Mohi-u-Din Shah, Naib Tehsildar, Kunzar for misuse of official position for illegal transfer of State land at Gulmarg worth crores of rupees by misusing the provisions of Roshni Act.

Sources in Vigilance, however, said that the Sarmad Hafiz, Joint Director, Tourism Department and Farooq Ahmed Lone, then Chief Executive Officer, Gulmarg Development Authority have been included in the list of officers only because they participated in a meeting.

In fact, the minutes of the meeting clearly suggest that the then Chief Executive Officer, Gulmarg Development Authority Farooq Ahmad Lone had categorically raised the issue of the applicability of Roshni Act in the meeting but he was assured by the Revenue officers that they have the requisite clearances.

The Tourism official especially the then Joint Director Sarmad Hafeez, according to the minutes, was a silent spectator as his department had no role in the transfer of land. The Vigilance Organisation, however, took a strict line and booked every officer present in the meeting where the decision to transfer the land was taken, irrespective of the quantum of their involvement.

The Vigilance Organisation has registered a Case FIR No 8/2009 P/S VOK following a verification conducted into allegations of abuse of official position and illegal vesting of ownership on the land in Gulmarg estate to private parties by the officials of Revenue Department/Tourism Department, as members of the committee constituted under J&K State Land (Vesting of Ownership rights to the Occupants) Act, 2001 during the year 2008.

A Vigilance statement said that the verification revealed that as per the provisions of the J&K State Land, (Vesting of Ownership rights to the Occupants) Act, 2001, any occupant of the state land shall apply to the territorial Tehsildar for having such land vested/transferred to him under the provisions of the Act.

“The concerned Tehsildar after holding an enquiry and verifying the contents of application would send a report to District Collector of the area with his recommendations. The District Collector would subsequently make further enquiry and forward the application along with his report to the committee which is required to pass appropriate order for disposal of land and also determine the price to be deposited by the applicant (occupant) for vesting of such state land,” a release from Vigilance said.

“The provisions of the Act shall, however, not apply to such land as is earmarked for a specific purpose in any master plan etc”.

According to the investigations conducted by the Vigilance Organisation, “it was found that in and around the month of January- February, 2007 Mehboob Iqbal, then Divisional Commissioner, Kashmir, Baseer Khan, District Collector, Garib Singh, then Tehsildar, Tangmarg entered into criminal conspiracy with Abdul Hamid Dar S/o Lassa Dar, R/o Chandilora, Tangmarg, Sayed Musadik Shah, S/o Syed Maqsood Shah, R/o Ishber, Nishat (Attorney Holder), Mohammad Ibrahim Khan, S/o Ghulam Hassan R/o Wazir Bagh, Srinagar, Enar Smith, Nazir Ahmed Mir, S/o Mohammad Maqbool Mir, R/o Hari Watnoo, Tangmarg, Mohammad Afzal Khanday S/o Mohammad Ramzan Khanday, R/o Sopore, Ghulam Mohammad Matoo S/o Aziz Shah Matoo, R/o Nageen, Srinagar and Mushtaq Ahmed, S/o Haji Abdul Aziz and Mushtaq Ahmed Burza, S/o Abdul Ahad Burza, Manzoor Ahmed Burza, S/o Ghulam Ahmed, (Attorney Holders), applicants (beneficiaries) with criminal intent to illegally process and vest the ownership on the land in Gulmarg estate to the ineligible applicants (occupants) under J&K State Land (Vesting of Ownership Rights to the Occupants) Act, 2001, commonly known as Roshni Act”.

The Vigilance Organisation has also found that the then Tehsildar Tangmarg, Gareeb Singh had received 34 applications for grant of proprietary rights on land in Gulmarg estate under the Act from January, 12,.2007 to March, 31, 2007.

“The applications of Shri Mushtaq Ahmed Ganie, Aijaz Ahmed Ganie and Mohammad Ibrahim Khan accused applicants (beneficiaries) however, on ground were found received by Garib Singh, then Tehsildar Tangmarg after cut of date i.e. March, 31, 2007 to illegally accommodate the (applicants) with ulterior motives,” the Vigilance Organisation investigations revealed.

It was found that accused Tehsildar in furtherance of criminal conspiracy had resorted to manipulation of records and dishonestly shown that he received the applications before cut of date i.e. 31.03.2007. The Tehsildar Tangmarg made an enquiry and forwarded the cases of the applicants (beneficiaries) to Baseer Khan, Deputy Commissioner, Baramula on different dates varying from June, 21, 2008 to July, 21, 2008, which is much after the convening of meeting of empowered committee on June, 4, 2008, thus falsely certifying therein that the land in question does not belong to any government department and is not required for any public purpose,” the Vigilance investigations revealed.