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news details
Custodian Jammu violates HC order by illegal allotment
4/17/2019 11:08:11 PM
Early Times Report

Jammu, Apr 17: Directions of the High Court to the Custodian department not to make fresh allotment of the evacuee property have been conveniently violated by the Custodian Jammu as he has changed the nomenclature of a prime property located in the heart of winter capital of the state.
The Custodian Jammu has been overstaying on his post since his posting in 2013 and is harassing innocent people. The people want immediate to transfer of the Custodian Mushtaq Hussain Malik. According to reports, evacuee property (khasra number 1209) belonging to Ghulam Rasool & Sons (Tailor) located on Residency Road, Jammu has been allotted to a person whose father passed away in 2006. The property has been allotted in contravention of laid down rules and regulations as one of the legal heirs of the deceased person was not informed about the whole issue.
In December 14 last year while hearing the case the High Court ordered the Custodian department to stop further allotment of evacuee property. The court direction did not make any difference for Custodian Jammu since he changed the nomenclature of the property from residential to commercial and that too at minimum rate of Rs. 5,000 as rent for a month.
It was on December 28, 2018 that Mohammad Hashim Khan and his son Reyaz Ahmad Khan entered into an agreement following which the property was changed into commercial from residential. This followed following the green signal given by Custodian Jammu in this regard. Although the property was supposed to be residential commercial activities were going on there for a long time. Sources said that Custodian Jammu cannot change the nomenclature of the property as he is not competent to do so. They said that conversion comes under the mode of modification and only the Custodian General can do so that too after fixing a reasonable amount as monthly premium. "The Custodian Jammu has virtually trampled over the laid down rules and regulations. Despite the fact that he cannot change nomenclature of a property this officer has extended his brief and did the so with respect to evacuee property 1209. At the same time meagre Rs. 5,000 has been fixed as monthly premium for such a prime property," said sources.
The property located at Vir Marg, Residency Road Jammu was allotted to Mohammad Ismail Khan. Ismail passed away in 2006 and the property was supposed to be allotted to his two sons Mohammad Hashim Khan and Mohammad Yasin Khan.
"The property was allotted to Mohammad Hashim Khan while Mohammad Yasin Khan was not informed about the allotment. Under rules it is important that legal heirs are intimated as and when the holder of the property passes away. No such parameter was followed in this case with the property being allotted to one of the sons of Ismail with the other son being kept in dark," said sources.
Sources said that it is important that No Objection Certificate (NOC) is given by the person who does not want any share in the evacuee property being held by his father. They said that no NOC was issued by Yasin and as on date he continues to be a share holder in the evacuee allotted in his late father's name.
"The aggrieved party approached the authorities many times hoping that justice would be done but that has eluded them so far. Despite making representations to the incumbent Custodian General and his predecessors no action has been taken and Yasin continues to be denied his share in the evacuee property," said sources.
Sources said that a committee was formed on 1-6-2018 by Custodian General to probe the matter and it was tasked to submit a report within 15 days. Although around seven months have passed since the formation of committee no headway has been made in the case with the report yet to be tabled before the officer.
"The property in question was purely a residential one and no commercial activity was carried out in the past. However, things have changed ever since the property has been allotted to Hashim Khan and his family. Commercial activities are going on and same has been proved in an official report," said sources.
Deputy Custodian (Headquarters) Evacuee Property Jammu, submitted a report to Custodian Evacuee Property, Jammu saying that the property is being used for commercial purposes and not for residential purpose. Although, the report was submitted in May this year no follow up action has been taken till date. "It has been learnt that Hashim's son owns a house in the Channi Himmat area of Jammu city and still then he has been allotted the evacuee property. His son has moved an application has no house in Jammu and as such a plot of land of around two kanals of land be allotted in his favour in the winter capital of state," said sources. People have urged Governor of Jammu and Kashmir to take strict action against Custodian Jammu for violating the rules.
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