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One brother gets possession, other one left out of agreement deed by custodian department

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Srinagar, Dec 31: More and more skeletons continue to tumble from the cupboard of Custodian General, Jammu & Kashmir thus corroborating the fact that large scale irregularities have taken place with respect to evacuee property in the state.

The worst part is that Custodian General has not taken any action in many cases where it has been established that ‘fraud’ has taken place with respect to allotment of evacuee property. In other words it can be safely said that Custodian General has sat over such files with the violators continuing to make merry.

A prime property belonging to the Evacuee department located on Residency Road, Jammu has been allotted to a person whose father passed away in 2006. The property has been allotted in contravention of laid down rules and regulations as one of the legal heirs of the deceased person was not informed about the whole issue.

Sources said that Evacuee property 1209 located at Vir Marg, Residency Road Jammu was allotted to Mohammad Ismail Khan. Ismail passed away in 2006 and the property was supposed to be allotted to his two sons Mohammad Hashim Khan and Mohammad Yasin Khan.

“The property was allotted to Mohammad Hashim Khan and Mohammad Yasin Khan was not informed about the allotment. Under rules it is important that legal heirs are intimated as and when the holder of the property passes away. No such parameter was followed in this case with the property being allotted to one of the sons of Ismail with the other son being kept in dark,” said sources.

Sources said that it is important that No Objection Certificate (NOC) is given by the person who does not want any share in the evacuee property being held by his father. They said that no NOC was issued by Yasin and as on date he continues to be a share holder in the evacuee allotted in his late father’s name.

“The aggrieved party approached the authorities many times hoping that justice would be done but that has eluded them so far. Despite making representations to the incumbent Custodian General and his predecessors no action has been taken and Yasin continues to be denied his share in the evacuee property,” said sources.

Sources said that a committee was formed on 1-6-2018 by Custodian General to probe the matter and it was tasked to submit a report within 15 days. Although around seven months have passed since the formation of committee no headway has been made in the case with the report yet to be tabled before the officer.

“The property in question was purely a residential one and no commercial activity was carried out in the past. However, things have changed ever since the property has been allotted to Hashim Khan and his family. Commercial activities are going on and same has been proved in an official report,” said sources.

Deputy Custodian (Headquarters) Evacuee Property Jammu, submitted a report to Custodian Evacuee Property, Jammu saying that the property is being used for commercial purposes and not for residential purpose. Although, the report was submitted in May this year no follow up action has been taken till date.

“After the spot verification it was found that the said property consisting one big shop in ground floor and 4 rooms, 2 bathrooms, 1 kitchen in 1st floor and 3 rooms, bathroom, kitchen in 2nd floor and one store in 3rd floor and 2nd floor and 3rd floor has been utilized in the shape of workshop i.e., commercial purposes,” wrote the Deputy Custodian (Headquarters) in his report.

Then Deputy Secretary, Revenue forwarded a copy of complaints along with enclosures received from the office of Chief Secretary and advisor to Governor to Custodian General in which the officer was asked to submit the report of the committee constituted on 1-6-2018 to probe the ‘fraud’.

The Deputy Secretary through the complaint raised a question as how come evacuee property house number 1209 is being used for commercial activities. The officer also said that why laid down procedure was not followed in allotment of this property. He also raised the point that why Mohammad Yasin Khan’s name was omitted in the agreement and what was the policy adopted in the allotment.

“It has been learnt that Hashim’s son owns a house in the Channi Himmat area of Jammu city and still then he has been allotted the evacuee property. His son has moved an application has no house in Jammu and as such a plot of land of around two kanals of land be allotted in his favour in the winter capital of state,” said sources.