HC issues notice to respondents, posts matter for hearing on 4th of next month
NC seeks release of money in lieu of land not handed over
Srinagar Jan 16: The High Court has issued notice to the Union Territory (UT) administration on a petition by J&K National Conference (NC) seeking release of Rs16. 66 lakhs in lieu of a piece of state land at Baramulla which the government failed to hand it over “despite orders”.
The grand old political party in a writ petition submitted that years back it was in need of a patch of land for constructing an office building at Baramulla. The party accordingly approached the government for allotment of land on lease basis in Ushkara village of Baramulla.
The officials after processing the case identified some state land measuring one Kanal, 13 Marlas and 03 Sirsai in the village, the petition said.
It said that officials accorded sanction for allotment of state land on lease basis for 40 years in favor of NC through Sheikh Nazir Ahmad, the then General Secretary of the party vide Govt. Order No Rev(s) 31- of 2010 dated 17-02-2010. An amount of Rs.16, 66,668 was fixed to be paid to the government and the money was deposited and acknowledged by Deputy Commissioner of the district.
The petitioner party said the Tehsildar concerned was directed by the Deputy Commissioner on 23rd of June 2014 to visit the spot and handover possession of the land to it.
In response, however the Tehsildar submitted a report stating that land measuring 02 Kanals 10 Marles is recorded in the name of Indian Military at the site, but in reality only one Kanal 11 Marlas is under the occupation of the Indian Military on spot.
“The Army Officers who were present on spot, did not allow handing over of the possession of land to J&K National Conference and demanded that the deficiency of land measuring 19 Marias be released in favor of the Army”, the Tehsildar’s report said.
“Since the land was not handed over to the petitioner (NC), the petitioner as such made a representation to (Deputy Commissioner Srinagar) requesting that the amount of Rs 16,66,668 deposited by the party for leased land be returned along with bank interest”, said the petitioner party through, Showkat Ahmad Mir, its Provincial Secretary.
Justice Mohan Lal after hearing the petition issued notice to respondents including J&K government through Commissioner Secretary Revenue Department, Financial Commissioner (Revenue) J&K, Divisional Commissioner Kashmir and Deputy Commissioner Baramulla.
The Court has posted the matter further hearing on 4th of next month.