Excelsior Correspondent
SRINAGAR, Jan 11: The Special Tribunal quashed the order of Custodian General (CG) leasing out the Evacuee property in the heart of city against the rules and regulations and directed the Srinagar Municipal Corporation (SMC) to seal the structure raised over the land.
Chairperson of Tribunal while expressing its concern over the issuing allotment and lease without following due procedure and also allowing the construction illegally by the SMC authorities quashed the allotment, lease and directed sealing of the mall and identification of SMC officials who are responsible for such huge violation of building permission.
The order of sanction by the Custodian General Jammu leasing out of Evacuee land measuring 4 kanals in the heart of the city of Khanyar area for commercial purposes for a period of 40 years in favour of Syed Sameer Hussain and Hilal Ahmad Pandit of Khanyar area of Srinagar.
It was contended that the land in question was under the possession of one Hakima Bano and sold the said land illegally and unauthorisedly to these two persons in league and connivance with the officials of Custodian and Evacuee department.
The order of allotment and lease agreement made by and between the private persons and the Custodian Department has been stated to be issued illegally as the order has not been issued pursuant to any action by the department.
After in violation of the building permission for construction of the compound wall, the private persons in whose favour the allotment under challenge was issued raised a concrete shopping complex on the said plot of land.
Counsel for the aggrieved party advocate Shakir Haqani submitted before the bench that the Evacuee Property department officials being public servants do not have absolute discretion to deal with evacuee property as they have to exercise vigilance with regard to the trust property in the same manner as they would, when dealing with their own property.
Chairperson of the Tribunal presided over by Rukhsana Gani directed for sealing of the complex citing that the building permission was for construction of compound walling only and directed the identification of the field staff of the SMC responsible for having allowed the construction of a shopping complex in contravention of permission.
Tribunal has also set aside the order of allotment issued by the Custodian department as also the lease agreement by recording that the same have been issued without satisfying mandate of J&K (Administration of Evacuee Property) Rules.
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