| Ex-MP alleges encroachment of his land, HC orders status quo | | | Early Times Report
Jammu, Oct 19 (JNF): In a PIL filed by ex-MP Tariq Hamid Karra, alleging encroachment of his land at Revenue Estate, Shivpora, in Srinagar, high court judge Tashi Rabstan has directed the authorities concerned to maintain a status quo.
The direction was issued to the revenue secretary, deputy commissioner, Srinagar, evacuee property (EP) custodian general, J&K, EP custodian, Kashmir, IGP, Kashmir, SSP, Srinagar, and SHO of Ram Munshi Bagh police station to maintain status quo till the next date of hearing before the bench.
In his petition, Karra has sought directions to the custodian general, deputy custodian general J&K, and EP custodian, Kashmir, to pass appropriate orders on the claims made by him for de-notification and restoration of the land in his favour under the J&K State Evacuees (Administration of Property) Act, 2006, as he had already approached the authorities concerned in this regard.
He has also sought direction for taking appropriate action against all those who intend to grab the land.
After hearing Karra's counsel, Justice Tashi issued notices in the writ petition as well as in the Miscellaneous Petition to the authorities concerned and directed status quo subject to objections and till next date of hearing before the bench.
The petitioner has contended that he is one of the legal heirs of late Kaukab Jabeen, wife of late Abdul Hameed Karra, who alongwith other legal heir Akhter Firdous and by implication of law, succeeded to the property left by the evacuees Imam-ud-din and Qamar-ud-din and after their death, their property under Muslim Personal Law was inherited by the ex-MP's mother Kaukab Jabeen and Kaukab's sister Akhter Firdous. After Kaukab's death, her share of the property was inherited by her children, including the petitioner and Akhter Firdous who is no more.
Karra's submitted that after the death of evacuees, his mother Kaukab Jabeen filed an application for restoration of the property which was not decided, compelling him to file a writ petition in which vires of section 14(2) and 16(4) of EP Act was challenged. The petition was decided by the state high court on September 27, 2002 which upheld the vires of section 14(2) of EP Act but at the same time, the court kept the matter alive for grant of NOC with regard to allotment and restoration of the property.
It was submitted that a forged order was allegedly issued by the custodian general, whereby land measuring 33 kanals and four marlas covered under survey No 224, 30, 28, 223, 260, 303, 326 and 225 belonging to Imam-ud-din and others situated at Shivpora, which was under Karra's possession as a successor, had been allotted to Ghulam Mohammad Wani, Abdul Rashid Wani, Mohammad Yousuf Wani and Khurshid Ahmed Wani, all residents of Shivpora. The petitioner then approached the custodian general to hold a detailed enquiry and refer the matter to the concerned police station so that culprits including the beneficiaries of this illegal order were booked under criminal law and requisite action was taken against them but no action was initiated by the authorities under the EP Act. He thereafter filed OWP before the Srinagar wing of high court and upon consideration of the matter, this petition was disposed of on May 25, 2016 with a direction to the custodian general to hold an enquiry into the aforementioned order and held that after enquiry if it 'emerges that the order is fake, in that eventuality, action, as warranted under law, including reporting the matter to police, shall be initiated against the culprits'.
The petitioner claimed that after his resignation from PDP's primary membership and as MP, the land mafia had got activated at the behest of his rivals |
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