Fayaz Bukhari
SRINAGAR, Aug 10: Chief Minister, Omar Abdullah, and National Conference patron, Dr Farooq Abdullah, will have two mysterious women as new neighbours at their Gupkar residences in Srinagar at the entrance of the VIP colony where 8 ministerial bungalows are coming up soon.
These two neighbours are – Mehmooda Akhtar wife of Mohammad Shafi resident of Patlipora, Bala, Chattabal and Afroza Ashraf wife of Mohammad Ashraf resident of Budgeer Srinagar. These two women have ‘purchased’ land that was confiscated by the Government under Enemy (Confiscation of Property) Ordinance (Repeal) Act from Sardar Abdul Rehman Effendi in 1947 who was declared as Enemy Agent No. 1 by the Government.
One Farooq Ahmad Rather, a local resident of Sonwar, has moved to Jammu and Kashmir High Court claiming ownership of 5 kanals and 5 marlas of confiscated property of Effendi. He has submitted an application before the Revenue Minister saying that he has sold one kanal and 9 marlas land, out of these 5 kanals and 5 marlas, to these two women. However, Rather, when contacted by Excelsior, denied to have sold a portion of land to anyone. Sources said that it can be a case of Benami, a cover for the real beneficiaries.
Custodian Evacuee Property, Abdul Majid Mir, told Excelsior that they have no knowledge of the portion of land being sold by Rather. “We have to seek permission from Vijay Dhar to enter that property where we are constructing the Bungalows. The construction will start only after the Rather’s petition is disposed off”, he said.
However, Rather and others have filed an application before the Revenue Minister saying: “…the applicants have sold one kanal and 9 marlas to one person namely Mst. Mohmooda Akhtar wife of Mohammad Shafi resident of Patlipora Bala and Mst. Afroza Asharaf wife of Mohammad Ashraf resident of Budgeer Srinagar and have executed proper documents of sale in their favour …” However, Excelsior tried to locate these two women in their localities but failed in its efforts. In the application the sir names of these two women and their husbands are mysteriously missing.
The land where Government is constructing a VIP colony is part of over 55 kanals of Effendi’s prosperity land that was confiscated by Government in 1947 and it was occupied by DP Dhar and later by Vijay Dhar as allottee along a mansion for residential purposes.
The former Chief Minister, Ghulam Nabi Azad, in 2007-2008 prevailed upon Dhar and his allotment was reduced to 17 kanals of land and 35 kanals were restored to the Custodian Evacuee Property Department. The land was later transferred to Estates Department for the construction of VIP Ministerial Bungalows.
As Rather and others approached the High Court, it ordered to maintain status quo (order dated 17-07-2013) and later appointed a Commissioner (order dated 28-11-2013) to investigate the claim of petitioners over the land. The commissioner in his report has established that under Khasra No. 93, two kanals and 4 marlas and under Khasra no. 94, 3 kanals and 13 were inside the boundary wall of confiscated property and it belong to Rathers’.
Rather has made claim after 65 years of confiscation of the land by the Government and sources said that the Revenue department has not taken legal opinion from the Law Department over the issue.
As Farooq Rather and others approached the Revenue Minister for easement rights to their propriety land (case under sub-judice) at the time when the matter is sub-judice, Under Secretary Revenue in his letter (No. Rev/EP/45/2014 dated 03-07-2014) to Custodian Evacuee Property writes: “I am directed to request you to explore the possibility of relocating the petitioners on the land in such a way that their easement rights are not affected and they are provided due road connectively to their propriety land… Action taken report may also be furnished to this Department for kind perusal of the Hon’ble Minister for Revenue.”
Custodian Evacuee Property in a letter (No. CEPS/LS/778-79 dated 11/07/2014) to Custodian General Evacuee Property writes that the project of constructing Ministerial bungalows can’t be taken up as High Court has ordered status quo till the disposal of the case. “However, a site development plan has been got prepared in such a way by keeping land measuring 5 kanals and 5 marlas reserved for petitioners who are claiming ownership rights”, reads the letter.
Sources said that Government is under no obligation to provide easement for the land as the owners can look for traditional pathway from Sonwar side to their claimed property but Revenue Ministry is too keen to provide them mortarble approach and illegally re-locate part of the land on the main road. “The market rate at the back side, where the land is located, can be between Rs 50-80 lakh per kanal while on the front side near residences of Chief Minister and NC patron, it can go upto Rs 7-10 crores”, they added.
Sources asked that why didn’t Government acquire these 5 kanals and instead give prime location to two mysterious women and the Rather and others. “It is a security risk to allow these people to be in the VIP colony”, they added.
Sources said that the Revenue Minister has no competence to exchange or relocate land that has been confiscated under Enemy (Confiscation of Property) Ordinance (Repeal) Act and such power lies with cabinet. “The order (No. Rev/EP/45/2014 dated 03-07-2014) issued under the directions of Revenue Minister asking for relocation of land is illegal”, sources added.
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