The High Court on Tuesday sought within four weeks government’s response to a plea seeking to evict unauthorized occupants from famous shopping plaza Sangarmaal here.
A division bench of Chief justice Gita Mittal and JusticeRashid Ali Dar has issued notice to Housing and Urban Development Department (H&UDD) through itsPrincipal Secretary and SrinagarDevelopment Authority (SDA) though its Vice Chairman.
An NGO Jammu & Kashmir Peoples Forum through its Secretary General M M Shuja has filed a Public Interest Litigation in the court seekingvarious directions.
On behalf of theForum advocate Shafaqat Nazir submittedthat fresh tendering process needs to be initiated afresh and generation ofrevenue from the allotment of the spaces in the Sangarmaal required to beutilized for welfare schemes within the territorial jurisdiction of SDA.
The Forum is seekingdirections to H&UDD to place the entire record before the Court withrespect to the allotment of spaces, payment of Nazrana and execution of thedeeds in favour of the government through SDA by the occupants of SangarmaalShopping Complex.
The Forum pleads that the Court after perusal of thedocuments and record regarding Sangarmaal Shopping Complex and defaults committedby the occupants in full payment of Nazrana, agreed rent and non execution oflease agreements by the occupants may be declared as illegal. The Forum sought further directions for therecovery of all dues as arrears of land revenue.
The Forum submitsthat the occupants of Sangarmaal premises have neither paid full amount ofNazrana nor executed any lease deed with the H&UDD and SDA and are willfuldefaulters even in payment of rent.
The SangarmaalComplex, the Forum said, was inaugurated way back on 6 June 2010 by the thenChief Minister. “Since that date the complex became formally operational andmore than 80 spaces are understood to have been allotted to various businesshouses and shopkeepers and most of them are believed to be continuing with theuse and occupation of their respective premise spaces”.
The Forum said apartfrom the occupied spaces more than 40 spaces continue to be vacant even afterinauguration of Sangarmaal Shopping Complex.
“The object of constructing business shopping mallsincluding Sangarmaal Shopping Complex is to generate substantial income therefrom and utilize the same for other purposes of public welfare like drainageetc within the area of operation of SDA,” the Forum said.
The income, the Forum said, can only be generated when underthe policy of SDA once a space is ready for allotment, auction notices areissued and the successful bidders have to cross three steps- Payment of Nazranaas fixed by SDA, execution of lease hold agreement by the successful bidder infavour of the SDA and regular payment of rent by the successful allotteeoccupants
“Most of the business houses in use of the occupation of thespaces have not even made full payment of Nazrana as fixed by the SDA”.
The Forum submits that “it was surprising to know thatthe SDA has not so far executed any lease agreement with any of the occupantsdespite the lapse of about 9 years and allowed the occupants to enjoy the stateproperty as if it has been granted to them as charity. More surprisingly factis that the agreed rent is also not being paid by the occupants to SDA” theForum said.