Early Times Report
Jammu, Oct 14: In a land dispute between Pipleshwar Mandir and Jammu Club, high court judge Tashi Rabstan today held that the minister had power to accord approval of allotment of JDA land for being chairman of the development authority.
Dismissing the petition of Pipleshwer Shiv Mandir Management Committee, in which it had sought the quashment of December 4, 2004 order No VC/615-21/PS passed by the JDA VC, whereby land measuring 4 kanals 3 marlas and 178 sft was allotted in favour of Jammu Club for a premium amount of Rs 24,96,600. The petitioner had also sought quashing of September 20, 2004 communication No UD-113/2004-JDA issued by the HUDD secretary, whereby the land was sought to be allotted to Jammu Club.
Justice Tashi, after hearing the counsels for the temple and Jammu Club and AAG for the state, observed that from the management's own admission, the land was not in possession of the temple authorities, rather it was vacant and was being used for dumping garbage. Not only this, even temple trustee Shajju Ram had deposed that the land was a vacant piece of land. "Thus, it is clear that the land was not in possession of anyone, rather it was a vacant JDA land. Therefore, the provisions of Jammu and Kashmir State Land (Vesting of Ownership of the Occupants) Act, 2004 are not attracted in the present case," he said.
"I am not convinced with the contention of counsel for petitioner that the minister had no power to accord approval for allotment of the land in favour of Jammu Club. Being JDA chairman also, the minister was competent enough to pass the order for allotment of land, of course subject to the approval and confirmation of the board," he said.
With these observations, the court dismissed the petition. |
