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| Tribunal breaks all records, directs deceased petitioner to deposit compound fee | | | Jehangir Rashid
SRINAGAR, Aug 18: A Tribunal set up by the state government to look into the cases of violation of the Municipal Act in the summer capital of the state broke all records as it allowed a petitioner to pay more than Rs one lakh despite the fact the petitioner had already passed away at the time of decision.
Chairman, Jammu & Kashmir State Tribunal, Pramod Jain, ordered the petitioner, Mukhtara Begum to deposit Rs. 1, 33, 650 as compound fee with Srinagar Municipal Corporation (SMC) after it was found that the petitioner had violated the Municipal Act. This order was passed on April 25, 2011 and by this date the petitioner had already passed away.
Mukhtara Begum passed away on April 4, 2011 and her fourth (Chaharum) was passed on April 7, 2011. Her two sons Mir Naseem Ahmad and Dr. Javed Ahmad published two obituary notices in one of the leading English dailies on April 6, 2011. While one obituary notice was published in English the other one was published in Urdu.
The order issued by Pramod Jain said, "This application has been filed by the applicant with the prayer to allow him to deposit the compounding fee with the SMC in terms of order/judgment of this Tribunal dated 23-07-2002. From the perusal it reveals that the above titled case was decided by Hon'ble Member S D Lone on 23-07-2002 with the directions that a composition fee of Rs. 1, 33, 650 shall be paid by the applicant towards respondents."
The order further said that the order of the Tribunal was challenged by the BOCA Authority Srinagar before High Court by way to writ petition number 60/2003. The High Court vide order dated 01-04-2005 dismissed the writ petition. Now the applicant has prayed that since the order dated 23-07-2002 passed by this Tribunal has attained finality and therefore, that applicant be permitted to deposit the compounding fee as directed by this Tribunal vide order dated 23-07-2002.
The petitioner wasted no time and paid Rs. 1, 33, 650 under Municipal Head number 8448-SMC at the Treasury Office, Tankipora on April 28, 2011.
"This order issued on April 25, 2011 aptly proves that officials easily misuse their official position and they can go to any extent while awarding a decision in favour of the petitioner who has already greased their palms. How could the Chairman, Jammu & Kashmir State Tribunal pass on such an order when the petitioner is no more alive," said sources.
Sources said that Chairman, Jammu & Kashmir State Tribunal passed on the order since he was in 'league' with Dr. Javed Ahmad, proprietor of Classic Hospital and Classic Institute of Health Sciences, Hyderpora Srinagar. They said Dr. Javed put forward the name of his mother Mukhtara Begum and applied permission for construction of a single storey house at Gulberg Colony in Hyderpora area.
Mukhtara Begum moved the application with SMC for construction of single storey house at Gulberg Colony, Hyderpora in 2000. Her application was entertained and instead of raising a residential structure the lady constructed the Al-Rahat MRI Centre that was subsequently named as Classic Hospital, Hyderpora. This was followed by the illegal opening of Classic Institute of Health Sciences, Hyderpora. The opening of the hospital and paramedical institute was objected by SMC and as such the case went to Jammu & Kashmir State Tribunal.
It took the Health and Medical Education department around 10 years to take action against the para-medical Institute despite the fact that it was found deficient on account of staff and other facilities from day one. The Institute started its functioning in 2004 and since then despite repeated complaints no action whatsoever was taken against the owners of Classic Institute of Health Sciences, Hyderpora.
There was no building for the Institute and it used to operate from dingy rooms which cannot be even used as store for a house. Failure of the Health & Medical Education department more so its successive ministers has given a free hand to the owners of the Classic Institute of Health Sciences, Hyderpora to dictate terms and spoil career of hundreds of students. |
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