NC seeks release of amount deposited in lieu of land

HC directives to Rev Deptt

Excelsior Correspondent

Srinagar, Jan 15: High Court today issued notice to the Revenue authorities in a plea filed by National Conference (NC) seeking release of the amount deposited for allotment of land on lease basis in North Kashmir’s Baramulla district.
The plea has been filed by advocate Mir Suhail on behalf of the National Conference (NC) through its Provincial secretary, Showkat Ahmad Mir, seeking direction on the Revenue authorities to refund the amount of Rs 16.66 lakhs with interest as the land in question has not been handed over to the party despite fulfillment of all requisites.
Justice Mohan Lal issued notice to Commissioner/ Secretary, Financial Commiss-ioner Revenue, Divisional Commissioner Kashmir and Deputy Commissioner Baramulla in order to file the objections to the plea so that the factual position be brought before the court.
It is pleaded that the National Conference through its then general secretary was in need of land for constructing office building at Baramulla and the party has approached the concerned authorities for allotment of land on lease basis in Ushkara Baramulla District.
The authorities after processing the case of the petitioner-party for allotment of land, identified the state land at village Ushkara in District Baramulla and accordingly sanction for allotment of identified land was accorded on lease basis for a period of 40 years in the first instance in favour of petitioner-party through Sheikh Nazir Ahmad, the then general secretary on 17-02-2010 against an amount of Rs.16,66,668.
It was submitted that the said amount was deposited by the petitioner-party and acknowledged by the concerned Deputy Commissioner in his communication directed the concerned tehsildar on 23-06 2014 to visit the spot and handover possession to the concerned Organization on spot.
It is in response, tehsildar concerned submitted a report where under it was stated that as per the revenue record, land in question is recorded in the name of Indian Military, out of which only 01 Kanal 11 Marlas is under their occupation on spot.
The Army Officers who were present on spot, did not allow handing over of the possession of said land to the petitioner-party on the pretext that the deficiency of land measuring 19 Marias be released in their favour.
Court has been informed that, since the land was not handed over to the petitioner-party as a representation was made before the DC Baramulla for return of deposited amount along with bank interest accrued on this amount.