Property

SC upholds HC order on Govt’s taking over of Trust property

In the main jolt to Sheikh circle of relatives, Supreme Court has upheld the Jammu and Kashmir High Court order on Government’s taking up possession of houses, 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 enchantment difficult the judgment of Jammu and Kashmir High Court wherein Government order over taking 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 whilst listening to a civil enchantment filed by Sher-i-Kashmir National Medical Institute Trust stated that no ground is made out for interfering with the judgment of High Court and dismissed the enchantment of the Trust hence.

Besides others, civil enchantment before SC was filed in opposition to overdue PDP

SC

consumer, Mufti Mohammad Sayeed, birthday celebration’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 Chief Ministership of late Mufti Mohammad Sayeed had handed an order on July 22, 2003 taking on possession 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 turned into controlled with the aid of Sheikh circle of relatives.

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Aggrieved with the Government order, the Trust (SKNMIT) approached the High Court for quashing the Government order (dated 22.7.2003) and therefore the problem turned into noted the Division Bench having regard to the “issue and, nature of the petition, the general public hobby involved and the reliefs prayed for”.
The Division Bench, but, gave a split 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 circumstances turned into the order to be listed before the 1/3 Judge in terms of Rule 36 of the Jammu and Kashmir High Court Rules, and that is how the case got here up for hearing.

The 0.33 Judge of High Court upheld Justice Jhanji verdict and brushed off the petition of SKNMIT  SC property taking 

taking

. However, the decision turned into challenged earlier than the apex court docket of the country which to has brushed off the plea of SKNMIT.

It may be noted right here that the Housing Department of Government of Jammu and Kashmir acquired approximately one thousand canals of land at Zoonimar, Srinagar for the production of a Housing Colony and plan to construct a 500-bed clinic at Soura, Srinagar becomes additionally below consideration of the Government. On 21st November 1972, it’s far said, a few humans, stated to be friends and admirers of overdue Sheikh Mohammad Abdullah, on the occasion of his 68th start day decided to install a public charitable accept as true with for setting up a medical institute at Srinagar.

On 19th May 1973, the agreement with, by way of name ‘Sher-i-Kashmir National Medical Institute Trust’, become registered. On 4th September 1973, vide Government Order No. 627-HD/G of 1973, sanction becomes accorded to the switch of the Government dispensary at Soura together with the dispensary building, its kitchen block, chowkidar’s shed with land and appurtenances to the consider. On 14th October 1973, vide Government Order No. 872-HD of 1973, sanction turned into accorded for rent of 292 canals and 8 marlas of land to the accept as true with for a length of 40 years on consolidated rent of Rs. 100 in line with annum challenge to an execution of a lease deed. On twenty-third May 1974, vide Government Order No. 332/HD/G of 1974, sanction becomes accorded to the transfer of Drug Research Laboratory, Moulana Azad Road, Kothibagh to the consider on rent.
In the order, it was said that the terms of switch would be determined one after the other. In February 1975 past due Sheikh Mohammad Abdullah took over as Chief Minister of the State.
On twenty-second May 1975 all through Sheikh Abdullah’s Government, the secretary of the consider asked the Government to amend Government Order No. 872-HD of 1973 dated 14th October 1973 and convert rent of 292 canals and 8 marlas land at Zoonimar into absolute furnish in favor of the agree with.
On 27th August 1976, vide Government Order No. 214-ME of 1976, the Kashmir Nursing Home at Gupkar Road turned into also transferred to the consideration at the side of the land, constructing and different assets.

Meanwhile, the request for an absolute switch of 292 canals and eight marlas

property

of land was processed at distinct stages. Finally, pursuant to Cabinet Decision dated 12th April 1978, Government Order No. Rev(NDK)90 of 1978 dated 19th April 1978 became issued concerning switch of ownership rights as donation beneath Clause (c) of Section one hundred forty of the J&K Transfer of Property Act, 1977 SVT. Whereby now not most effective the said 292 canals and eight marlas of land at Zoonimar but the Government dispensary at Soura, Drug Research Laboratory at Kothibagh and Kashmir Nursing Home at Gupkar Road, at the side of their land and appurtenances had been also transferred to the considering.

Though no formal deed of the switch was carried out, the consider were given the properties mutated in its name in the revenue data. In the interim, the Government within the Medical Education Department had issued order No. 18-ME of 1977 dated 18th January 1977 renaming the proposed sanatorium at Soura as Institute of Medical Sciences, Soura, Srinagar.A manager should have a written agreement with their clients and may even be legally entitled to profit from services for which they provide to the owner, however, a manager may not secretly profit from this relationship. For example, a manager may charge an eight percent markup on materials and services provided by vendors to the owner’s property. This is legal and acceptable provided that the agreement between the parties is in concert with the markup. If this markup was not in the agreement then the law requires a property manager to disgorge or relinquish any and all secret profits derived from the relationship. There are so many possible examples of this,

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