According to a statement issued by Bashir Ahmad Shah, Staff Officer to
IGP Crime Branch J&K, the investigation revealed that besides accused Bashir Ahmad Rah and Nazir Ahmad Rah, Abdul Rashid Rah husband of the complainant Mst Jameela, and Mst Saleema, Mst Naseema, Mst Shaheena and Mst Zemal are having ownership rights over the said property as per revenue records.
The statement said that ownership rights of the said persons are devolved upon them in terms of mutation No: 1733 as per the revenue record collected/seized during the course of investigation. The investigation has further revealed that in the devastating floods of September 2014, the subject matter property got damaged and in order to raise construction afresh, the accused Bashir Ahmad Rah and Nazir Ahmad Rah had approached the office of Municipal Corporation Srinagar for necessary permission to raise construction of the damaged house. It was further found that office of Municipal Corporation has issued permission in terms of order No: 272 dated 22-04-2015 on fast-track basis in favour of the accused brothers. The investigation has also revealed that subsequent to grant of building permission, the complainant through his son Abid Rashid has made a representation to Assistant Commissioner Revenue Srinagar that permission granted in favour of the said persons is not based on facts but has been issued fraudulently because of the fact that the ownership rights of the property vests in five other persons namely Mst Saleema, Mst Shaheena, Mst Naseema and Mst Zeemal and the husband of the complainant Abdula Rashid Rah while as the accused persons have dishonestly concealed actual ownership of the property and secured permission fraudulently in their favour. It was further found that subsequent to this representation the permission granted in terms of the order No. 272 was kept in abeyance by the office of Municipal Corporation Srinagar. The investigation has also revealed that another application attributed to all the claimants has been made by accused persons before the Municipal Corporation Srinagar for grant of permission. The application includes the name of the son of the complainant at serial No. 02, however during examination the said Abid Rashid has disowned making of such application and signatures attributed to him on such application. The Srinagar Municipal Corporation was found to have issued another permission vide order No. 818 of 2015 dated 23-12-2015 on the basis of above said application reflecting the name of all the persons having ownership rights over the property. During investigation it a was found imperative to ascertain genuineness or otherwise of signatures on the application attributed to Abid Rashid son of the complainant and after subjecting the signatures to examination by forensic expert , it was found that accused Bashir Ahamd Rah is the author of the signatures and, as such, was found to have resorted to forgery.
The investigation has found that accused persons have dishonestly and fraudulently resorted to falsification of documents and succeeded to obtain building permission fraudulently to deprive the complainant of her share in the property, the statement said.
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