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| HC directs Govt to appoint panel to examine evacuee allotments in last 5-yrs | | | Early Times Report
Srinagar, Dec 4: The Jammu and Kashmir High Court has directed government to constitute a committee headed by Principal Secretary Finance to examine allotments of Evacuee Property during last five years in the state.
Hearing petition challenging cancellation of allotment order for land plot at Sanatnagar here, a single bench of the court comprising Justice Hasnain Massodi directed government to appoint Commissioner Secretaries of Revenue Law Departments as its members.
"The Committee shall examine and catalogue cases where such allotments has been made after public auction and without such auction, the premium fixed in such cases and difference the amount collected on allotments through public auction and the allotments made without such auction," the bench said.
Besides, it directed the Committee to make its recommendation to ensure fairness, objectivity and transparency in allotment of evacuee property.
"The Custodian General shall not make any allotment of Evacuee Property except through public auction inviting offers from all interested persons through print and electronic media till date of hearing before the Bench," the court said and directed the Committee to submit its report by or before 31st December.
The Evacuee Property is a property of estate holders who had to migrate from the State due to unfortunate and tragic events of 1947, the court observed.
"The very fact that the Department in terms of Act saddled with the responsibility to administer such property is called Custodian Department by itself indicates that the Department and every Officer/Official of the Department are required to take utmost care of the property in their custody. It is disturbing, to say the least, that the Evacuee Property is being allotted in a clandestine manner and thereby interest of evacuees compromised," the court said, observing that public auction in such case is the best mode to promote competition and protect interest of those not in a position to personally negotiate price and enter into such transaction.
The petitioner, Mushtaq Ahmad had filed the petition against an order by Custodian Department, cancelling his allotment and allotting the land in favour of other person on payment of premium at the rate of Rs 65 lacs per kannal. Counsel for Custodian Department stated that Mushtaq by his own conduct left no option for the department but to cancel lease so that the interest of the evacuee would not suffer and that the land, a little more than one year after allotment in question has fetched the Department an amount of Rs 48.75 lacs as against Rs 28.12500 lacs required to be paid by him. |
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