SRINAGAR: The Jammu and Kashmir High Court has issued notice to state government and custodian department to file compliance report by not enforcing the status quo in the 33 kanals and 4 marlas land situated at Shivpora, Srinagar.
Acting on the reports, where in it has stated that the encroachers has demolished the wall surrounding the land and have raised some structure in the land belonging to Tariq Hameed Karra.
Previously Jammu and Kashmir High Court has directed the Commissioner/Secretary to Govt. Revenue Department, Deputy Commissioner Srinagar, Custodian General, Evacuee Property, Custodian, Evacuee Property Kashmir, Inspector General of Police Kashmir Range, Senior Superintendent of Police Srinagar and SHO, Police Station, Ram Munshi Bagh, Srinagar to maintain status quo as on date till next date of hearing before the Bench with regard to the peaceful/uninterrupted possession of Tariq Hameed Karra (petitioner) in respect of land covered under various survey numbers situated at Revenue Estate Shivpora, Srinagar.
These court directions were passed in a writ petition filed by Former Member Parliament Tariq Hameed Karra seeking directions to the Custodian General J&K, Deputy Custodian General J&K and Custodian Evacuee Property Kashmir to pass appropriate orders on the claims made by him for de-notifying and restoration of the aforementioned land situated in Revenue Estate Shivpora, Tehsil South Srinagar in favour of the petitioner as he has already approached the said authorities for restoration/de-notification under the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006. The petitioner has also sought directions for taking appropriate action against all those who intend to grab the aforesaid land of the petitioner for which Evacuee Property Authorities are already seized of the matter.
It is contended in the petition that the petitioner has resigned both from primary membership of the PDP and as Member of Parliament and with his resignation different authorities including land mafia got activated at the behest of rivals of the petitioner by joining hands with the encroaches and extending complete support to them in order to deprive the petitioner from his land.
It is further submitted that the petitioner is a protected person and cannot move freely, is not in a position to physically stop the encroaches and number of encroachment bids have been made by the organized gang of land mafia. They have full patronage of certain hidden hands in police and revenue agency and the petitioner reported the matter to the senior functionaries of the State Government and also apprised them about his physical possession over the said land, being the immediate successor of the original owners and his claim being pending before the Evacuee Property authorities for de-notification of the land, but the authorities are not paying any attention towards the petitioner solely for the reason that the petitioner has resigned from the ruling party and also as Member of Parliament and the petitioner apprehends that similar attempts will again be made by the land mafia having patronage of people in power in order to dispossess him from his landed property, which is yet to be de-notified by the Evacuee Property Department and for which the petitioner is only entitled as per the law of the land. The petitioner has a right to remain in possession of the said land till the same is properly de-notified as per provisions of Evacuee Property Act, but the only apprehension is the forcible dispossession of the petitioner at the hands of land mafia who are openly claiming to enjoy the political clout and even the local police despite various directions is not coming to the rescue of the petitioner. In the writ petition, it has been contended that the petitioner is one of the legal heirs of late Kaukab Jabeen, wife of late Abdul Hameed Karra, who along with other legal heirs namely Akhter Firdous and by implication of law, succeeded to the property left by the evacuees Kh. Imam-ud-Din and Kh. Qamar-ud-Din and after the death of the evacuees, their property under Muslim Personal Law was inherited by the legal heirs—Kaukab Jabeen (mother of petitioner) and Akhter Firdous, sister of late Kaukab Jabeen.
After death of Kaukab Jabeen, her share of the property was inherited by her children including the petitioner and later Akhter Firdous also died. It was submitted before the High Court that after the death of evacuees, an application was filed for restoration of the property which was not decided, compelling the petitioner to file a writ petition in which vires of Section 14(2) and 16(4) of the Evacuee Property Act was challenged.
The writ petition was decided by the State High Court on September 27, 2002 which upheld the views of Section 14(2) of the Evacuee Property Act but at the same time the court kept the matter alive for grant of NOC with regard to allotment and restoration of the property.
A forged/fraudulent order allegedly issued by Custodian General J&K whereby land measuring 33 Kanals and 04 Marlas covered under Survey No.224, 30, 28, 223, 260, 303, 326 and 225 belonging to Imam-ud-din and others situated at Shivpora which is under the possession of the petitioner as successor, has been allotted to Ghulam Mohammad Wani, Abdul Rashid Wani, Mohammad Yousuf Wani and Khurshid Ahmed Wani of Shivpora.
On getting the knowledge of the order, the petitioner approached the Custodian General to hold a detailed enquiry and refer the matter to the concerned Police Station so that culprits including the beneficiaries of this illegal order are booked under criminal law but no action was initiated by the authorities under the Evacuee Property Act. The petitioner thereafter filed a petition before the Srinagar Wing of the High Court which was disposed of on May 25, 2016 with the direction to the Custodian General to hold an enquiry regarding the order.
“After enquiry if it emerges that the order is fake then action as shall be warranted including reporting the matter to the police shall be initiated against the culprits”, the High Court had stated in its order dated May 25, 2016.
Recently, when senior Congress leader Tariq Hamid Karra was in national capital, Kursheed Ahmad, Abdul Rashid and others while violating the court orders and have constructed some structures in the land on which Tariq Karra again went to the court through his noted counsel Advocate Zaffar Ahmad Qureshi, who prayed for the contempt proceedings be imitated against the state and others before the single bench of Honorable Justice Mohammad Yaqoob Mir in the case no. (OWP) 350/2017. Where in the court has took serious note of the violations in status quo and directed the concerned authorities to the submit compliance report and issued notices to state government and others.
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