Srinagar: Any property being maintained and controlled by Custodian Evacuee Property (CEP) is a government property to be taken care of strictly on the same lines as other government properties, J&K high Court ruled today.
The court was hearing a writ petition filed by one Mohammad Sultan Nagoo, whose father had been transferred land measuring 4030 Sqfts and structure raised thereon at Sarai Payeen, Srinagar.
The property belonged to evacuee Sheikh Aziz-ud-din, who had migrated to Pakistan in 1947. The property was allotted to one Ghulam Qadir Nagoo, father of petitioner, who later transferred it to one of his sons and another person, Hakeem Mohammad Amin. Later on a dispute arose over the possession of the property.
Justice Vinod Chatterji Koul while deciding the matter said evacuee property right from coming into being of the concerned properties Act of 1949 is under the custody of respondent CEP department.
“The CEP department is a government agency as provided under and in terms of provisions of Article 12 of the Constitution. As a result of which, any property being maintained and controlled by it since the year 1949 is also a government property. It is to be taken care of strictly on the same lines on which other government properties are being taken care of and handled,” Justice Koul said.
Although the parties in the case in hand try to show that the subject matter of writ petition is the parties’ inter se matter. But the property in question is an evacuee property, which is to be dealt with strictly in consonance and in accordance with provisions of the Act and Rules framed thereunder and the Constitution of India, the court said.
The court held that insofar as evacuee properties are concerned, these are regulated by the J&K State Evacuees’ (Administration of Property) Act 2006 (1949 A.D.). The Act has been enacted with the purpose to provide for administration of evacuees’ property in Jammu and Kashmir.
The court cited the admitted position of CEP that property in question had been leased out to Ghulam Qadir Nagoo. His consent was not enough to give evacuee property to any other person or other respondents, it said.
CEP cannot be permitted to indulge in such acts as it is the UT of J&K which maintains all evacuee properties and incurs huge amounts on such properties, it said.
The court found that the writ petition was devoid of any merit and accordingly dismissed it.
