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| HC orders attachment of Gopal Arya Mission land | | | EARLY TIMES REPORT
Jammu, May 27: The high court has ordered attachment of land measuring 15 kanals and 8 marlas situated at Udheywala, Jammu and owned by Gopal Arya Mission. A division bench of the court comprising Justice Sunil Hali and Justice Ghulam Hasnain Masoodi today urged the Deputy registrar (Judicial) to implement the order.
The court also directed the concerned SHO to assist Deputy Registrar in implementing the order. The SHO concerned has to submit a status report to this effect indicating the progress made in the investigation of the case and has been directed to remain personally present in the Court on the next date of hearing.
It has been stated at Bar by the Receiver that the persons who have raised illegal construction over the land situated at Udheywala had moved this Court by filling CMPs to become party respondents.
The said CMPs have been dismissed by the State High Court. It be further noticed that this Court vide order dated December 23, 2009 had directed the Receiver to approach the concerned police authorities and also JDA for obtaining possession of the land measuring 15 Kanals 8 Marlas situated at Udheywala Jammu.
The court said this was a serious issue as the property in question had been encroached upon only after the Receiver had taken charge of said property and the persons concerned were having the notice of the matter.
The court questioned the manner in which construction over the said land was raised without any permission.
The court held that the Receiver has not been able to obtain the vacant possession of the land as directed by this Court. The court accordingly directs that the said property situated at Udheywala Jammu shall be attached and in this respect, the Deputy Registrar (Judicial) of State High Court is directed to affect the order of attachment.
Earlier, the Receiver informed the Division Bench that out of 486 claimants falling in the category of depositors having the range of Rs 30, 000 to 1 lac, an amount of Rs 1.02 Crore is required to be paid @ 30 percent of their claim. It is stated that out of the said amount approximately Rs 35 lacs has been distributed to some of the claimants who had come forward to receive their claim and the rest of the amount including an additional amount of Rs 81 lacs is still lying in hand for which no one has staked claim..
It is further stated that in terms of the order passed by the Apex Court, firstly whole of the amount is required to be disbursed to the depositors in the category of up to Rs 1 lac.
The court after hearing Harbans Lal Receiver, Advocate SS Lehar, Advocates BS Salathia, DK Khajuria, RS Jamwal, KS Johal, Ravi Abrol, Keshav Thakur, observed that keeping in view the fact that only an amount of Rs 35 lacs has been distributed to some of the claimants (depositors) out of 486 falling in the category, the Receiver is directed to issue a fresh publication in a local newspaper having wide publication in Jammu City informing the depositors/claimants (Arya Mission Finance Company) falling in the category of up to Rs 1 lac to collect their payment within time frame, prescribed in this regard, if after the expiry of period prescribed for said purpose, no body appears to claim the amount if any, due to him, the remaining amount of Rs 1.02 crores as also Rs 81 lacs which is lying with receiver shall be disbursed amongst those claimants who have already received the part payment as 30% of their claim and are falling in the first of category of up to Rs 1 lacs, in pursuance to the directions of the Apex Court.
In case after disbursement of the claim to the said category of the claimants, some amount lies with the receiver, the same shall be distributed to the second category of claimants.
Division Bench further observed that it has been brought to the notice of the Court that some of the depositors have since died; their legal heirs are being asked to furnish succession certificates by the Receiver in order to receive their claims, BS Salathia counsel appearing for the said claimants submitted that previous Receiver had been disbursing the amount on furnishing of undertaking by the claimants concerned. It is stated that the present Receiver may also be directed to adopt the same procedure.
Division Bench directed that on furnishing of undertakings as also identification of such legal heirs of the deceased depositors by two witnesses, the amount payable to them be released in their favour. (JNF)
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