Admn fails to get stay vacated
Fayaz Bukhari
SRINAGAR, Dec 25: The work on the construction of Community Centre in Rajbagh area of Srinagar at the cost of Rs 4 crore has been stalled as three persons have approached the court claiming the Government land. The District Administration has failed to get the stay on the construction vacated despite the report from the Tehsildar.
The construction of the work on Community Centre was started this year on 7 kanals and 10 marlas of prime land near Zero bridge by the Roads and Buildings Department. But three persons approached the District Administration and raised objections over the construction of the facility and claimed ownership of the land.
The Deputy Commissioner Srinagar sought report from Tehsildar South on the ownership of the land on which the Community Centre was to be constructed. The Tehsildar South in his report (Dated 17-05-2018) submitted that the land on which the facility is being raised is grazing land and Shamilat and is not in possession of any one.
“…I am to submit that the undersigned along with concerned Naib Tehsildar and representative of R&B Department visited the spot. The Naib Tehsildar concerned during the spot was directed to submit the factual report in the matter. Naib Tehsildar concerned vide No: 75/NTG Dated 15-05-2108 has submitted a detailed report which revealed that the notices were already served to the persons which are claiming possessions over the subject land. After receiving revenue papers from concerned parties and by verifying the records it has been found that land in question where R&B Department intends to construct a community hall is having an area of 7 kanals and 10 marlas comprising upon survey No’s: 36,37,38 and 39. On spot land in question is vacant and having a number of willow trees existing on spot but there seems no possession on spot by any person who presented the records. The survey No: 36 is recorded as Khah Charai whereas other survey No’s: 26, 27, 37, 38 and 39 are Shamilat Deh. Sale deeds though executed for some of land are beyond the Hasbi Rasad and there is no recorded entry in Girdawari having cultivated such land anywhere”, read the letter of Tehsildar South.
Not satisfied with the report, the three persons – Dr Javed Ahmad Mir, Zaina Begum and Saja Begam- claiming the land and approached the court separately and got the construction work stayed.
Dr Javed Ahmad Mir claimed in the court that he owns 2 kanal and 10 marlas of land (Khasra No 21 Min and 20 Min, Khewat No 1 and Khasra No 38 Min Khewat No 31 min) at the place where community centre was being constructed.
Court barred Government from to interfering with his possession over the land. “…in case respondents wants to acquire the land in question, they shall invoke the provisions of the land Acquisition Act, SVT. 1990 (1934 A.D)”, court said.
One Zaina Begum and her relatives approached the court claiming that they are in possession of Shamilat land (Survey No. 38) measuring one kanal and 12 Marlas near Zero Bridge, Srinagar and said that R&B department is using it for public purpose without acquiring and paying compensation to them. The court admitted their petition and barred the Department from utilizing the land.
One more party, Saja Begum and her relatives, approached the Court claiming to be in possession of land measuring 10 kanals (falling under Khasra Nos: 27, 36 and 39) situated at Aramwari Zero Bridge, Srinagar. She claimed that land (falling under survey No: 39, measuring 7 kanals and 10 marlas) belong to them and is their inherited proprietary and the land (falling under khasra No: 27), is also their proprietary land measuring about 13 Marlas.
Chief Engineer, R&B, Saami Arif said that they are an Executing Agency for the project and they are ready for starting the construction. It is the District Administration which has to approach the court to get the stay vacated”, he said.
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