Fayaz Bukhari
SRINAGAR, Feb 23: The Estates Department higher officials are helping a trespasser to annex property worth over Rs 50 crore of the department at Dalgate in Srinagar.
Abdul Ahmad Mir who is said to be a property dealer is laying claim over the Estates property – PWD House Dalgate, PWD House No 2 and PWD House No 3 – in Dalgate Srinagar which has been acquired by the PWD Department in 1950 and later transferred to Estates Department in 1968.
Mir in the Jammu and Kashmir High Court had filed a writ petition (OWP No 2175/2015 titled Abdul Ahad Mir V/S State of J&K and Others) claiming that the property is in his possession when documents suggest that it was acquired by PWD in 1950s and later transferred to Estates Department in 1968.
As the Estates Department didn’t appear in the case, deliberately, to help Mir, High Court has at the threshold given the judgment in his favour. “Writ petition in view of short controversy is disposed of with the direction to the respondents 1 to 7 not to interfere with the peaceful possession of petitioner’s land measuring six kanals and 8 marlas, falling under the survey Nos 1614, 1615 and 1616 situated at Brari Nambal Srinagar”, reads the judgment (dated 28-12-15).
Mir for last 11 years is eying on the prime property and Estates higher officials recently against Mir for tress passing seem to be in league with the trespasser. The Deputy Director’s office in Srinagar has even lodged an FIR in the Police Station Ram Munshi Bagh (FIR No 10/2016, Sections 451-447, 332 RPC dated 13/02/2016). One more FIR about tress passing of the property has been registered against Mir in 2011 (FIR no. 197/2011 U/S 147, 447-A, 427 RPC).
As Mir got High Court direction in favour of him claiming that he is in the possession of the prime property but the Tehsildar Khanyar in a recent letter (No. 349/TKS/MM/15 dated 30-12-2015) shows that the property belongs and is in the possession of the Estates Department.
Raja Zaman House, Sidiq Manzil buildings I and II located at Kohan Khan Dalgate in Brari Nambal (now PWD House Dalgate, PWD House No 2 and PWD House No 3) along with several other properties were acquired by PWD Department in 1950s. A Cabinet order (No. 459-G of 1955 dated 14-04-1955) under the Chairmanship of then Prime Minister of J&K, Bakshi Ghulam Mohammad, has sanctioned the fixation of rent for several buildings including Raja Zaman House, Sidiq Manzil buildings I and II.
In 1956 Government allotted (order no. Gb-144-M/56 dated 10-04-1956) Raja Zaman House to then Deputy Minister of Ladakh Affairs, Kashak Bakola.
The property, Raja Zaman House, Sidiq Manzil buildings I and II, was transferred (Letter no 463-64 dated 9-07-68) to Estates Department in 1968 with the collective capital cost of Rs 2, 48, 454.
As the buildings are old and have suffered damages due to bomb blast and fire, the Estates Department had applied for the permission for re-construction of the buildings with Lakes and Waterways Development Authority (LAWDA). But the LAWDA in its communication (No LDA-BP117/4752-54 dated 9-10-2015) refused to give permission as the buildings fall within 200 meters from the Dal lake.
As over one dozen documents indicate that the property belongs and is in possession of Estates Department but the trespasser got the Court order in his favour.
Reports said that the Estates property at Basant Bagh is also under threat and out of 6 quarters, one quarter has been dismantled and 5 marlas land has been converted into Park and another quarter into a Ration Ghat.
Besides this, the Estates buildings at various places are facing threat as the shopkeepers in league with the Estates officials have increased the space of their shops by digging several feet below plinth level.
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