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| CAG puts Poonch land owners in deep trouble, tells Army to recover Rs. 2.83 crore | | Recovery of over-paid rent! | | Syed Junaid Hashmi
Early Times Report
JAMMU, Jan 11: Outgoing NC-Congress coalition government has put Poonch residents whose lands are under army occupation in great quandary as the Comptroller and Auditor General (CAG) of India has sough recovery of around Rs. 2.83 crore from them.
CAG has in its audit report on Army, Ordinance Factories and Defence Public Sector Undertakings for the year ending 2013, released on December 19, 2014 pointed out that DDE has paid excess rent to the land owners whose land has been requisitioned and is under the occupation of Army in Poonch since February 2008. CAG has put total amount paid to land owners in excess at Rs. 2.83 crore.
CAG has asked Directorate of Defence Estates (DDE) Northern Command (NC) and Union Defence Ministry to immediately start the recover process. CAG has accused the defence ministry of deliberate non-recovery of overpaid rent for requisitioned land. It has said that the defence ministry delayed the issuance of clarification on implementation of the rationalized rate of rent for land held on requisition by defence, which CAG maintained that resulted in non- recovery of overpayment of Rs. 2.83 crore to the land owners even after lapse of more than four years.
According to CAG, Jammu and Kashmir requisitioning and acquisition of Immovable Property Act, 1968 provides that "where the government is of the opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the state, it may by an order, notify that the property should be requisitioned". Further, Jammu and Kashmir Requisition and Acquisition of Immovable Property (RAIP) Rules, 1969 provides payment of compensation for the requisitioned property by the competent authority and to be revised every five years.
City land falling under Jammu Municipality/Srinagar Municipality/ Poonch Municipality including Srinagar and Jammu Cantonment were under same category and other two categories were Town Area Committee and Notified Area Committee under RAIP Rules 1969. Subsequently, city land areas were classified (April 2008) as Municipal Corporations, Municipal Councils and Municipal Committees. Though Poonch Municipality was categorized as Municipal Council but remained documented in the category of Municipal Corporation in the table of rate of rent for Kashmir and Jammu Divisions issued by the government of J&K in April 2008.
Government of J&K appointed a committee in December 2008 to recommend rationalization of rent rate and remove anomalies in the rate structure. Committee recommended fixation of rates of rent for requisitioned land under occupation of Armed forces in accordance with rates notified in April 2008 and deleted Poonch Municipal Council from the category of Municipal Corporations and put it at par with rate of rent applicable to other Municipal Councils.
Hence, the rent applicable for the requisitioned land in Poonch would be lower from Rs. 33,750 per kanal per annum to Rs. 16,875 per Kanal per annum. Government of Jammu and Kashmir accepted the recommendations of the committee and issued government order in this regard in January 2009 which was applicable to land under occupation of Jammu and Kashmir Police (JKP), Security Forces, army on internal security and counter insurgency duties.
CAG observed in March 2013 that though this order was applicable to Army also but state government did not endorse its copies to Directorate of Defence Estates (DDE) Northern Command and Union Defence Ministry. In absence of this communication, DEO Udhampur continued to pay the rental compensation at the higher rate resulting in overpayment of Rs. 2.83 crore for the period from February 16, 2008 to March 31, 2010 for requisitioned land measuring 829 kanals 10 Marlas under Poonch Municipal Council.
However, on receipt of information about the reduction in rates in August 2010, CAG maintains that DDE of Northern Command (NC) directed in September 2010 DEO to restrict payment of compensation for lands falling under Poonch Municipal Council at the rate Rs. 16875 per kanal per annum and to initiate recovery of excess payment made with effect from 16 February 2008. When CAG asked the DDE, they replied that in March 2013 that the matter had been referred to the competent authority for directions to recover the excess payment of rent.
Further DDE, NC stated in October 2013 that action for the recovery/adjustment would be taken up on receipt of clarifications regarding applicability of rates of rent for land falling within the limit of Poonch Municipal Council sought in October 2010 from state government and after specific decision by Director General Defence Estates (DGDE). The ministry despite lapse of more than 4 years has not given any clarification which resulted in non-recovery of overpaid amount of Rs. 2.83 crore till date without implication of interest payment. |
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