Srinagar, Mar 16: High Court of J&K and Ladakh Wednesday issued notice to Ministry of Home Affairs ( MHA) Government of India and J&K Government on petition filed by former Rajya Sabha Member Karan Singh seeking vacation of lake pavilion property popularly known as Kabooter Khana in Dal Lake here from security forces.
In his plea through senior advocate Faisal Qadri, the former Rajya Sabha Member is seeking court intervention for vacating the property measuring 21 Kanals and 19 Marlas covered under Khasra Nos 388 and 593 and handing over possession of the land to him.
The petitioner submits that he is the absolute owner of the property Lake Pavilion and in 1990 his property was taken over unilaterally without fixation of any rent or the assessment of rental value by Border Security Force until 1993. Between the years 1990-2003, he says, the property was under the occupation of Border Security Force (BSF).
The petition underscores that the Property was handed over to Central Reserve Police Force on December 11, 2003 while BSF Water Wing also remained on the property. “Even at this stage neither consent was sought from the Petitioner, nor was he informed about the transition of occupancy from Border Security Force to Central Reserve Police Force,” it says.
While the petitioner pleads that J&K government in terms of its order dated 18.07.2006 revised the rates for occupation of land that is appurtenant to a building which is under the occupation of security forces, he says in terms of order dated 16.01.2009 the rates of land under the occupation of the security forces were further revised.
The petitioner contends that “Office of the Divisional Commissioner vide letter dated 23.04.2009 informed the Inspector General of Police that vacation of the property has become essential since the property was in the middle of Dal lake and conservation of the lake was an important issue under active consideration of the state government”.
“In protest, on 09.07.2011, the Petitioner returned the un-cashed Demand Draft bearing no. 257563 dated 06.04.2011 of Rs. 5,820 for a year in lieu of occupation of 21 Kanals and 19 Marlas,” he says.
The petitioner states that the rent fixed for the property is negligible and hence not acceptable anymore. He further reiterated his stance with regards vacation of the property for personal use and necessary repair and renovation.
“After revision of rent that was undertaken in the year 2009 by the Respondents, a subsequent exercise was undertaken and in terms of order dated 19.01.2012, the Respondents had enhanced the yearly rent per Kanal in respect of land under occupation by security forces belonging to two individuals Ghulam Qadri Dar and Mst Raja Bibi.”
He also seeks direction to the government to constitute a committee of experts in order to assess the damage caused to his property and pay the compensation for damages caused on account of unauthorised and illegal occupation of the property . “ Respondents be directed to grant interest at the rate of 18% per annum for withholding the enhanced rentals towards use and occupation of the said premises from the day of its occupation and till the time the same is handed over back to the Petitioner.”
After hearing the petitioner, a bench of Justice D S Thakur issued notice to MHA and J&K government for their response to the petition. While Assistant Solicitor General of India ( ASGI) Tahir Shamsi accepted notice on behalf of MHA, Additional Advocate Generals M A Chashoo and Asifa Padroo, accepted the same on behalf of J&K government.