80-year old man’s property encroached after given out on lease

Excelsior Correspondent

Srinagar, July 4: A local from Shivpora area of Srinagar today alleged that a portion of his land has been encroached after it was given on lease to the Defence Authorities in Srinagar.
Vijay Kumar Sawhney, 80, while addressing the media persons said that for the last couple of weeks the news about the construction of a multiplex cinema at Srinagar have been receiving wide publicity.
“After the death of our grandparents, our father, in view of our postings outside the state of J&K, rented out the entire premises to the defence authorities in the year 1960 which was used by them as an officers mess,” he said.
He said that it was also reported that the multiplex at Srinagar has hit a roadblock and that the Cantonment Board has denied having issued any sanction for a multiplex cinema.
“My grandfather had been residing with his family in Shivpora Srinagar in his residential building namely ‘Sukhniketan’ with land underneath and appurtenant to the residential house measuring 10 kanals and 10 marlas falling under khasra number 1100/945/802 in revenue estate of Sonawar,” he said.
“We have been consistently asking the Government of India to hand over the land in full as was leased out to them but they have not done so,” he said.
He said that the family came to know that the remaining land has been encroached by some persons. “Accordingly, we were advised to proceed against them under the law, we being the rightful owners of the land,” he said.
He said that after making enquiries from various departments, it was found that the “land measuring 5 kanals 1 marla and 96 feets has been mutated by the Revenue Department behind the back of the owners as well as the leaseholder.”
After acquiring ownership fraudulently, some persons in violation of the J&K Agrarian Reforms Act, “transferred this land by a gift in terms of mutations numbers 1403 & 1409.”
Further, a petition was filed before the court of Financial Commissioner (Revenue) who issued orders for the maintenance of status quo.
“Even the High Court ordered that status quo be maintained, however, the work on the multi-storey commercial building is on,” he said.

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