Excelsior Correspondent
SRINAGAR, June 16: The High Court has directed the Commissioner/Secretary H&UDD to hold an inquiry against the officials of Srinagar Development Authority (SDA) who gave the property to an NGO without any legal sanction, formal allotment and legal procedure.
Justice Javed Iqbal Wani while expressing its displeasure the way the property has been given to the NGO, All JK Youth Welfare Organization, directed it to surrender possession of the public property to the SDA.
He said the engagement of the NGO in the drug de-addiction and rehabilitation activity of the drug-addicts, though a social activity, yet in law, would have by no sense of imagination entitled it to intrude or trespass in a public property and to occupy it without any authority or sanction of law or else to remain in possession thereof and carry out such drug de-addiction activities.
Justice Iqbal has held that unauthorized encroachment of a public property and its illegal occupation cannot be accepted, condoned or else regularized on any grounds whatsoever. Court said that an intruder, trespasser and an unauthorized occupant has to be evicted and there is no way out and the occupation of the public property in question by the petitioner society without any legal sanction inasmuch as without an open advertisement cannot be legally countenanced and is completely forbidden in law.
“It may be that the interference by this Court may result in inconvenience to the petitioner society or affect the person who may have been receiving rehabilitation measures from the petitioner society therein the accommodations in question, but what this Court is to guard is against a much greater evil when it comes to know that a public property has been intruded, encroached upon and occupied without any authority and sanction of law in the name of and under the cover of a so-called social work”, the Court recorded.
It directed the society to surrender the possession of the accommodation which is situated near Gousia Hospital, Khanyar Srinagar to the SDA within 15 days. Court has made it clear that in the event, the petitioner society fails to surrender the possession within the stipulated time, then the SDA shall take over the possession of the same thereafter forthwith with the assistance of the police.
“The SDA shall be at liberty to recover the occupational charges from the petitioner society without any fail for having illegally occupied and possessed the said three sets accommodations through a mode permissible by law”, Court directed.
It asked the Commissioner/ Secretary H&UDD to hold an inquiry into the matter and in the event, any officer or official of the SDA is held guilty, such officer or official be proceed against in accordance with law.
The petitioner society has without any order of allotment taken over the three sets accommodations belonging to the SDA on one hand and on the other hand, the SDA has consciously and knowingly allowed the said occupation of three sets accommodations by the petitioner society without undertaking any process in this regard recognized by law including a process of auction.
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