SC upholds HC order on Govt’s taking over of Trust property managed by Sheikh family

: In a first-rate jolt to Sheikh circle of relatives, Supreme Court has upheld the Jammu and Kashmir High Court order on Government’s taking over ownership of homes, management, and affairs of the Sher-i-Kashmir Institute of Medical Sciences at Soura in addition to Kashmir Nursing Home at Gupkar Road and Dr. Ali Jan Shopping Complex.

Dismissed the attraction challenging the judgment of Jammu and Kashmir High Court in which Government order overtaking of ownership of properties and control and affairs of the Sher-i-Kashmir Institute of Medical Sciences at Soura, as well as Kashmir Nursing Home at Gupkar Road and Dr. Ali Jan Shopping Complex at Kothibagh in Srinagar, was upheld, Supreme Court bench comprising Justice Arun Mishra and Justice Mohan M. Shantanagoudar at the same time as listening to a civil enchantment filed by way of Sher-i-Kashmir National Medical Institute Trust said that no floor is made out for interfering with the judgment of High Court and brushed off the appeal of the Trust accordingly.

Besides others, civil enchantment earlier than SC become filed towards late PDP patron, Mufti Mohammad Sayeed, party’s senior chief and MP Muzzafar Hussain Baig, Forest Minister Lal Singh, and MLA Khansahib Hakeem Yaseen. The then Coalition Government of PDP and Congress beneath the taking  Chief Ministership of late Mufti family Mohammad property Sayeed had surpassed an order on July 22, 2003, taking up ownership of residences and management and affairs of the Sher-i-Kashmir Institute of Medical Sciences at Soura; Kashmir Nursing Home at Gupkar Road and Dr. Ali Jan Shopping Complex at Kothibagh in Srinagar that became controlled through Sheikh family.

Aggrieved with the Government order, the Trust (SKNMIT) approached the High Court for quashing the Government order (dated 22.7.2003). Therefore, the matter became stated the Division Bench regarding the “difficulty and, nature of the petition, the public interest involved and the reliefs prayed for.”

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The Division Bench, but given a break up the verdict. While Justice V. K. Jhanji disregarded the writ petition, however Justice Syed Bashir-ud-Din quashed the impugned Government order and allowed the writ petition. The petition inside the situation was ordered to be indexed before the third Judge in phrases of Rule 36 of the Jammu and Kashmir High Court Rules, and that is how the case got here up for listening to.

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The third judge of the High Court upheld Justice Jhanji’s verdict and disregarded the petition of SUBMIT. However, the verdict became challenged before the apex courtroom of u. S. Which too has disregarded the plea of SUBMIT.
It may be cited here that the Housing Department of Government of Jammu and Kashmir acquired about a thousand canals of land at Zoonimar, Srinagar, for the creation of a Housing Colony and plan to construct a 500-bed medical institution at Soura, Srinagar was additionally beneath the attention of the Government. On 21st November 1972, it’s far stated, a few people, said to be buddies and admirers of overdue Sheikh Mohammad Abdullah, on the occasion of his 68th birthday, determined to set up a public charitable consider for setting up a scientific institute at Srinagar.

On 19th May 1973, the belief, using the name ‘Sher-i-Kashmir National Medical Institute Trust’, changed into registered. On 4th September 1973, vide Government Order No. 627-HD/G of 1973, sanction was accorded to the transfer of the Government dispensary at Soura at the side of the dispensary building, its kitchen block, chowkidar’s shed with land and appurtenances to the agree with.

On 14th October 1973, vide Government Order No. 872-HD of 1973, sanction became accorded for hire of 292 canals and 8 marlas of land to the consideration for a duration of 40 years on the consolidated hire of Rs. One hundred consistent with annum challenge to the execution of a hire deed. On 23rd May 1974, vide Government Order No. 332/HD/G of 1974, sanction changed into accorded to the switch of Drug Research Laboratory, Moulana Azad Road, Kothibagh to the trust on rent Malaysia property outlook 2015.

In the order, it becomes stated that the phrases of the switch could be determined one by one. In February 1975, past due, Sheikh Mohammad Abdullah took over as Chief Minister of the State public record ownership property
On twenty-second May 1975, during Sheikh Abdullah’s government, the secretary of the belief requested the Government to amend Government Order No. 872-HD of 1973 dated 14th October 1973 and convert hire of 292 canals and eight marlas land at Zoonimar into absolute provide in favor of the accept as true with. On 27th August 1976, vide Government Order No. 214-ME of 1976, the Kashmir Nursing Home at Gupkar Road turned into additionally transferred to the belief in conjunction with the land, building, and other assets propwall Malaysia Selangor.

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Meanwhile, the request for the absolute switch of 292 canals and eight marlas of land turned into processed at extraordinary stages. Finally, under Cabinet Decision dated 12th April 1978, Government Order No. Rev(NDK)ninety of 1978 dated 19th April 1978 become issued regarding the transfer of ownership rights as donation underneath Clause (c) of Section one hundred forty of the J&K Transfer of Property Act, 1977 SVT. Whereby now not best the stated 292 canals and eight marlas of land at Zoonimar however the Government dispensary at Soura, Drug Research Laboratory at Kothibagh and Kashmir Nursing Home at Gupkar Road, together with their land and appurtenances have also been transferred to the consider.

Though no formal deed of switch turned into completed, the agreement was given the residences mutated in its call within the revenue statistics. In the period in-between, the Government within the Medical Education Department had issued order No. 18-ME of 1977 dated 18th January 1977 renaming the proposed health facility at Soura as Institute of Medical Sciences, Soura, Srinagar.

On seventeenth December 1980, a settlement was entered into between the Government of Jammu and Kashmir. They agree within phrases of which the trust provided land measuring 292 canals and 8 marlas to Sher-i-Kashmir Hospital and Poly-Clinic in conjunction with land at Soura for production and status quo scientific institute. The agreement stipulated that the residences made to be had to Government would continue to belong to the consider without any trade inside the proprietary rights. The Institute of Medical Sciences at Soura sooner or later became purposeful in 1983.

Meanwhile, the Drug Research Laboratory at Moulana Azad Road, Kothibagh, changed into dismantled using the consider and converted into a shopping complex called Dr. Ali Jan Plaza. Shops and lodging therein had been leased out to private individuals. The Kashmir Nursing Home at Gupkar Road, Srinagar become also renovated/reconstructed and converted right into forty-bed nursing domestic at the authorities’ price. On 22nd July 2003, via the impugned order, the nursing home at Gupkar Road and other properties had been taken over allegedly to preempt the move handy over possession of the nursing domestic to a non-public birthday celebration.