ACB for cancellation of EP leases

The Anti-Corruption Bureau (ACB) has asked for review of all the cases of allotment of evacuee property in Jammu and Kashmir for which auction was not conducted and property was allotted on nomination basis.
The ACB issued an alert note (45/2022) to the General Administration Department on regularization of allotment of evacuee property bearing number 1209 in favour of Mohammad Hashim Khan and Reyaz Khan at Residency Road Jammu.
“The requisite directions may be solicited to Custodian authorities for cancellation of all such allotments as well as lease so given including of evacuee property bearing number 1209 at Residency Road Jammu, besides allotment of such evacuee properties after open auction in a transparent manner only as well as revisit/amending of Rule 13 C of J&K State evacuee Administration of property rules 2008,” read a letter issued by the AIG ACB to Principal Secretary GAD.
The alert note read that the lease of the property was regularized arbitrarily again in favour of old lessee on nomination without putting it to auction. It has recommended that the lease may be cancelled and fresh allotment made on the basis of open auction.
The ACB has also recommended that all such leases which has been issued by the Custodian Department on nomination basis be cancelled and fresh allotment made through open auction.
“It is recommended that steps may be taken to cancel these allotments on nomination basis forthwith for expired lease which have not been renewed and also leases which have been extended in favour of the lessee again after expiry of lease and fresh allotments on rent/premium decided by auction may be made. The allotments made on nomination basis need to be cancelled immediately being done in contravention to the spirit of act. This recommendation will apply to leases given on nomination and during currency of leases,” it read.
It has further recommended that allotment of all such prime properties of tourism in Gulmarg, Pahalgam and others on basis of open auction will fetch far higher rent when put to open auction expired and ongoing leases of Evacuee Properties may be put to auction immediately so that further loss is prevented.
It has recommended that the Custodian Department needs to have a website for both Kashmir and Jammu containing complete details of allotments done along with premium and rent received till date.
“The department may consider making public the complete information of the allottee, current status of possession of property, dispute if any and the default etc. so that the public at large is able to access the information on a real time basis. This will bring transparency in the system. This will also enable timely information to public”, it read.
On future allotments of the evacuee property, it said: “In order to prevent further loss to the evacuee properties only after open auction in transparent manner so that the discretion, ensure transparency and also generate revenue for the Government at unprecedented scale and better management will also save upon loss of the government upon upkeep of these properties.”