Excelsior Correspondent
SRINAGAR, Apr 13: High Court has sought response from the Government and IGP CRPF on a petition filed by a Kashmiri Pandit seeking rentals and vacation of his house at Balgarden, Srinagar that has been occupied by the CRPF for the last three decades.
The house belonged to late S N Ganjoo who along with his family migrated in 1990 and the house was occupied by the security forces (CRPF) in 1992 and it is still in occupation of the security forces.
The petitioner-Ravi Ganjoo is one of the heirs and legal representatives of late S. N. Ganjoo, seeks direction from the High Court that the proper rental compensation in accordance with Section 13 of the J&K Migrant Immovable Property (Preservation, Protection and Restraint on distress Sales) Act, 1997 be determined by the District Magistrate and rent be paid accordingly for the period of occupation by the Security Forces and that the said house be vacated by the security forces and be handed over to the family.
The Chief Justice Pankaj Mithal in view of these facts directed the Principal Secretary to the Government, Home Department, J&K; Secretary to the Government, Department of Disaster Management and Relief as well as the Inspector General of Police, CRPF, North zone, Kashmir to file their response clearly indicating therein as to what they plan to do with the house in question.
Court also sought information with regard to framing of time within which they intend to vacate the house of the petitioner-Ganjoo and pay the previous rental compensation to him at the proper market value as may be determined in accordance with Section 13 of the J&K 3 Migrant Immovable Property (Preservation, Protection and Restraint on distress Sales) Act, 1997.
An affidavit has been already filed and it is admitted on record that the house is in occupation of the security forces and that rental compensation with effect from 02.04.1992 at the rates mentioned have been paid to the family but the said rates are not acceptable to them.
Moreover, letter dated 23.06.2021 of the Additional Commissioner, Kashmir to the Deputy Commissioner, Srinagar, reveals that requests have been made for vacating the accommodation but 49 BN CRPF is unable to shift to another location for want of suitable accommodation.
Court said, the facts as narrated disclose that there is no dispute to the fact that the house in question belongs to the petitioner and his family members and that it is in occupation of the CRPF since 1992.
Court said, the CRPF cannot occupy the said house without paying proper rental compensation and that too indefinitely. “In case the said house remains in occupation of the CRPF it amounts to denial of basic human rights to the petitioner and his family members. The respondents all through had not made any effort either to purchase the said house at the market value or in accordance with law”, Court said.
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