Srinagar: The Supreme Court of India has upheld a decision taken by a cabinet headed by late PDP patron Mufti Mohammad Sayeed in 2003 to take over possession of properties and management of the Sher-i-Kashmir Institute of Medical Sciences (SKIMS) at Soura; Kashmir Nursing Home at Gupkar Road here and Dr. Ali Jan Shopping Complex at Kothibagh.
“No ground is made out for our interference with the impugned judgment (by J&K High Court),” said a division bench of the Supreme Court comprising Justices Arun Mishra and Mohan M. Shantanagoudar and dismissed the petition against Mufti Mohammad Syed (then Chief Minister), Muzzaffar Hussain Beigh (then deputy chief ministry), Lal Singh (then member of parliament) and
Hakeem Mohammad Yaseen (then minister of consumer affairs and public distribution) besides the state of Jammu and Kashmir , secretary health and medical education department , commissioner secretary general administration department and commissioner secretary revenue department, 9 commissioner secretary law, deputy commissioner Srinagar and tehsildar Srinagar. the Supreme Court passed the decision on a petition filed before it in 2006 by Sher-I-Kashmir National Medical Institute Trust, challenging J&K high court’s order, upholding state government’s decision in 2003 to over possession of properties and management of the Sher-i-Kashmir Institute of Medical Sciences (SKIMS) at Soura; Kashmir Nursing Home at Gupkar Road here and Dr. Ali Jan Shopping Complex at Kothibagh.
ANALOGY
In 2006, the high court bench of Justices Syed Bashir-ud-Din and V. K. Jhanji, gave a split judgment on a petition, challenging the government order of 22 July 2003 and eventually the court dismissed the plea by the Trust.
While Justice Jhanji (now retired) had dismissed the petition, Justice Syed Bashir-ud-Din (now retired quashed the government order. The petition in the circumstances was ordered to be listed before the third Judge in terms of Rule 36 of the Jammu and Kashmir High Court Rules. The Third Judge, Justice S Jha, agreed with Justice Jhanji and upheld the validity of the government order.
The cabinet in its decision in 2003 had revoked Government Order No. 214-ME of 1976 dated 27.08.1976 and Government order No. Rev (NDK) 90 of 1978 dated 19.04.1978 and took over the possession of the property and land etc. referred to in the Government orders, taking over the possession and management of Kashmir Nursing Home, Gupkar Road, Srinagar, taking over the full management of the affairs of Sher-i-Kashmir Institute of Medical Sciences, Soura, and any other institution/institutions affiliated with it. It also ordered taking over the legal possession of the property situated at Kothibagh, Srinagar, (Dr. Ali Jan Shopping Complex) over which the State Government asserts the lawful title and claims as real owner thereof vis-a-vis those who have raised construction thereon and are in physical possession.
The government in its order No HME of 1976 dated 27.8.1976 transferred Kashmir Nursing Home, Gupkar Road along with its land, building and all the assets to the “Sher-i-Kashmir National Medical Institute Trust.”
By another order No Rev (NDK) 90 of 1978 dated 19.4.1978, land measuring 292 Kanals 8 marlas situated at Zoonimar, Srinagar, Government Dispensary at Soura, Drug Research Lab along with land measuring 7 Kanals and 12 marlas and Kashmir Nursing Home measuring 23 Kanals 5 marlas were transferred to the Trust in ownership as a donation from the Jammu and Kashmir Government.
The Trust in the year 1995-96 requested the Government for taking over the Kashmir Nursing Home as it was not able to maintain it due to paucity of funds.
