SAC initiates regular enquiry against CAPD Minister

Excelsior Correspondent

JAMMU, Dec 31: State Accountability Commission (SAC) comprising Justice Y P Nargotra (Chairperson) and Justice Hakim Imtiyaz Hussain (Member) today initiated regular inquiry against Minister for Consumer Affairs and Public Distribution Department, Choudhary Mohammad Ramzan for allegedly grabbing portion of a road and constructing huge bungalow in Cooperative Housing Colony at Humhama, Srinagar in violation of approved design under the influence of his power and position.
The regular enquiry has been initiated in a complaint filed by the Friends Enclave Consumer-cum-Welfare Cooperative, Humhama Heights Srinagar through Dr G N Yatoo.
While finding the allegations as a fit case for regular inquiry against the National Conference Minister, the Commission has issued notice to Choudhary Mohammad Ramzan for filing his statement of defense within a period of six weeks. A notice has also been issued to the complainant for his appearance before the Commission on next date—February 6, 2014.
In the complaint, it has been alleged that Choudhary Mohammad Ramzan owns Plots No. C-5 and C-6 in the Cooperative Housing Colony at Humhama, Srinagar commonly known as Friends Enclave Housing Colony and soon after taking over as Minister in the Coalition Government Choudhary Mohammad Ramzan by misusing his power and position grabbed the road by constructing a blind wall at the boundary of these plots.
Thereafter, he managed through fraudulent and illegal means a fraud allotment letter from MD Housing and Cooperative where under it has simply been mentioned that a strip of land adjacent to Plot No. C-6 has been allotted to plot holder without mentioning even the dimensions of the allotted land, the complaint said.
“The road was grabbed despite the stay order from the Court. Besides, a green patch earmarked and approved in the site plan has also been grabbed by the Minister by constructing a huge retaining wall thereby annexing the land with his house”, the complainant said.
“The plot holder under the influence of his power not only demolished the parapet but also cut down the plants on the pretext that these plots are smaller in size than the approved allotment measurements. However, the documents available and submitted to Srinagar Municipal Corporation for seeking the building permission clearly show that the plot size is actually more than the approved measurement and the land which he has grabbed has been shown in the detailed key plan as approach road ending at the green belt. So the blind wall raised by the Minister is totally illegal and in violation of the permission given by the Srinagar Municipal Corporation”, the complaint said.
Stating that SMC has approved a single type design for the entire colony and every plot holder is bound to obey the approved design while constructing the residential houses, the complainant said that the Minister has been constructing a huge bungalow in violation of the approved design under the influence of his power and position.
“The most shocking and surprising evidence of misuse of power is that construction of the house has been going on day in and day out from June 2012 (after he became a Minister) and the official building permission has been granted only on August 27, 2013 after two applicants namely Ghulam Ahmad Wani and Asif Afzal Choudhary applied for building permission on July 1, 2013”, the complainant said.
The complainant further said: “The transfer deed dated May 30, 2013 between Muneer Ahmad Wani, son of Ali Mohd Wani of Panzgam, Ghulam Ahmad Wani, son of Haji Wali Joo of Tulsibagh and Asif Afzal Choudhary, son of Choudhary Mohd Ramzan seems to be dubious and suspicious because Ch Mohd Ramzan has been visiting the plots for the last many years”, adding “one more brazen thing apparent from one of the transfer deeds and the undertaking given by the two applicants for seeking the building permission is that different parentage has been shown at different places in case of Ghulam Ahmad Wani”.
“Also the recent payment submitted to the SMC shows the names of Ghulam Ahmad Wani and Mohd Ramzan. However, the latter never applied for any building permission as per the available records”, the complaint said, adding “from the documents it is clear that Minister in the grab of his son and some other persons is deceiving everybody regarding the allotment of plots and subsequent construction of his house”.
On this complaint, a notice was issued by the Accountability Commission to the Minister for his comments. The respondent appeared through his counsel on November 22, 2013 but thereafter he remained absent and did not submit any comments for explaining his position.
“The Commissioner, Srinagar Municipal Corporation and Managing Director, J&K Cooperative Housing Corporation, Jammu have submitted their comments in respect of the allegations leveled against the Minister and it stands established that the plots have been transferred in the name of Asif Afzal Choudhary, son of Ch Mohammad Ramzan and one Gh Ahmad Wani, son of Wali Joo. It also appears that the construction is being raised on the plots for which a permission has been issued by the SMC vide Order No.47 of 2013 dated August 27, 2013 but the Commission SMC is conspicuously silent how the permission has been issued in contravention to the designs approved for the colony”, the SAC observed, adding “the allegation that the respondent has grabbed a portion of the colony land and encroached the road also remains un-rebutted”.
The Commissioner further observed, “continuous absence of the respondent and his failure to file response to the complaint, prima-facie raises the presumption that whatever has been stated in the complaint is correct”, adding “in these circumstances, we find this a fit case for regular inquiry into the allegations. Accordingly, we direct for the same”.
While initiating regular inquiry, the Commission has issued notice to the Minister for filing his statement of defense within six weeks.