HC issues notice to Govts
Excelsior Correspondent
Srinagar, Mar 16: High Court today issued notice to the Government and sought reply to the plea of senior Congress leader and former Rajya Sabha member Dr. Karan Singh seeking vacation of his “illegally occupied” property inside Dal lake in Srinagar and payment of rentals.
Dr Singh through senior counsel Syed Faisal Qadri has filed a petition seeking directions against the authorities to vacate the premises belonging to him having been occupied by the security forces under the orders and directions of the authorities.
Justice Dhiraj Singh Thakur issued notice to the authorities including Secretary Ministry of Home Affairs Government of India, Secretary Home Department J&K UT, Director General of Police, Central Reserve Police Force, Director General Border Security Force, Director General of Police Jammu and Kashmir, Divisional Commissioner Kashmir and Deputy Commissioner Srinagar. The notice however, have been waived and accepted by the advocates representing all these authorities. Court directed them for filing of reply to the plea by next date of hearing.
Dr Singh is seeking directions to grant him interest at the rate of 18% per annum for withholding the enhanced rentals towards use and occupation of the property. Direction is also sought for of release arrears in rent in accordance with Government Orders dated 18.07.2006, 16.01.2009 and 19.01.2012 in proportion to progressive rise in the value from the date of occupation in his favour for the entire property with effect from the year 1990 when the building was taken over by the security forces.
He also prays for appointing an expert body to assess the damage caused to the property Lake Pavilion, popularly known as Kabootar Khana, and accordingly, pay the compensation for damages caused on account of unauthorized and illegal occupation of Kabootar Khana, Dal Lake, Srinagar, Union Territory of Jammu and Kashmir measuring 21 Kanals 19 Marlas.
It is averred that the property has devolved upon him through inheritance and he is the absolute owner of the property Lake Pavilion, popularly known as Kabootar Khana, Dal Lake, Srinagar. It has been also submitted before the court that the property in question is known for its historical relevance and serene ambiance and has remained under the occupation of Security Forces from the year 1990, when taken over unilaterally without fixation of any rent or the assessment of rental value. At present, the property is jointly occupied by BSF Water Wing and 144th Battalion of Central Reserve Police Force.
“The Secretary Home Department J&K UT vide an order bearing No. Home-3/2 (P) of 1993 dated 15.09.1993 for the first time acknowledged the occupation of the property. It is evident now that the said order was passed with a view to legitimize the occupation of the property. In terms of this order the said Respondent without any authority or backing of law unilaterally decided fixation of rent. The rent was accordingly fixed at Rs.1464/- per month for the entire property. It is worthwhile to mention that the period from 1990 to 1993 was excluded from the purview of order supra”, reads the plea.
He also submits that since the day of occupation of the property, authorities are neither vacating the premises occupied by them nor paying the rent.
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