Fayaz Bukhari
SRINAGAR, Dec 4: Jammu and Kashmir High Court today directed Custodian General of the State not to make any allotment of Evacuee Property except through public auction in print and electronic media to ensure fairness, objectivity and transparency to allotment of Evacuee Property.
The HC also directed the Government to form a high level committee to examine allotments of Evacuee Property made during last five years and observed that it is disturbing that the EP is being allotted in a clandestine manner and thereby interest of evacuees compromised.
Justice Hasnain Masoodi directed Chief Secretary of the State to constitute a high level committee headed by Principal Secretary Finance to examine the allotments of Evacuee Property made during last five years.
“Chief Secretary shall appoint a high level committee headed by Principal Secretary to Government Finance with Commissioner Secretary to Government Revenue Department and Commissioner Secretary to Government Law Department as its members to examine the allotments of Evacuee Property made during the last five years”, directed the Bench.
The HC directed: “Committee shall examine the cases where allotments have been made after public auction and without auction and difference of amount collected through auction and without auction.”
“The Committee shall examine and catalogue the cases where such allotments has been made after public auction and without such auction, the premium fixed in such cases and difference between the amount collected on allotments through public auction and the allotments made without public auction”, said the Bench.
Court also said that the committee appointed by CS shall make its recommendation to ensure transparency in allotting of Evacuee Property.
“The Committee shall make its recommendation to ensure fairness, objectivity and transparency in allotment of Evacuee Property”, reads the order.
Court also directed the Custodian General not to make any allotment of Evacuee Property except inviting offers from all interested persons through print and electronic media.
“The Custodian General shall not make any allotment of Evacuee Property except through public auction inviting offers from all interested persons through print and electronic media till next date of hearing before the Bench”, the court directed.
The court was hearing a writ petition filed by one Mushtaq Ahmad Tantray stating therein that the department has cancelled his allotment order of land measuring 15 marlas and allotted it to other person.
After going through the case of petitioner HC said that there are three allotment orders on the file that indicate how the discretion to allot Evacuee Property has been exercised in arbitrarily and capacious manner and different rates fixed by the department.
“While, in case of one allotment order, the premium fixed is Rs. 20 lakhs per kanal, in another allotment order it is 50 percent potential market value of Rs. 75 lakhs per kanal and in the third allotment order the premium is at the rate of 65 lakh per kanal”, said the Bench.
Court after going through all these aspects and working of the department observed: “These are merely three allotment orders that have come to the notice of the court. There must be scores, if not hundreds of such orders. It also indicated that had the proposed allotment of evacuee land been given publicity, it would have helped the evacuee through Custodian Department to collect much more than the premium fixed in absence of such procedure”.
Pressing for public auction of evacuee land court order mentions: “Public auction in such case is the best mode to promote competition and protect interest of those not in a position to personally negotiate price and enter into such transaction”.
Court further said that the Evacuee Property belongs to Estate holders who migrated from the State in 1947 due to tragic events and the department is saddled with the responsibility to take utmost care of property in its custody.
“The very fact that the Department in terms of Act saddled with the responsibility to administer such property is called Custodian Department by itself indicates that the Department and every officer of the Department are required to take utmost care of the property in their custody. It is disturbing, to say the least, that the Evacuee Property is being allotted in a clandestine manner and thereby interest of evacuees compromised”, observed the Bench.
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