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| DB dismisses appeal of JDA with costs Rs 10,000 | | | Early Times Report
Jammu, Mar 31 (JNF): A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar has dismissed appeal with costs Rs 10,000 filed by the Jammu Development Authority (JDA) against the judgment of Single Judge asking Jammu Development Authority to allot a residential plot of land measuring 30`x60` at Roop Nagar, Housing Colony Jammu to the petitioner within a period of three months.While dismissing the LPA, Division Bench after hearing Advocate Adarsh Sharma appearing for the JDA explains that a large number of plots were allotted in illegal manner by Mohd. Aslam Qureshi, ex Vice Chairman, Jammu Development Authority during November 2001 to June, 2003 and in the 73rd meeting of the Board of Directors of Jammu Development Authority held on 26.04.2012 under the Chairmanship of Deputy Chief Minister-cum-Minister for Housing & Urban Development some decisions were taken.Later a committee was constituted under the chairmanship of Principal Secretary to govt., Housing and Urban Development Department to examine the reports and related facts.Advocate Rajnish Raina for the Mridula Sharma however, has submitted that persons like the petitioner-respondent have been deprived of allotment of plots despite their legal entitlement whereas a number of unlawful allottees are enjoying possession by building houses or enjoying the sale proceeds by selling the plots(s). According to counsel, no action against those allottees has been taken and in fact their possession has been protected by the Jammu Development Authority. The Division Bench further observed that the instant appeal is wholly ill advised.
A perusal of the extracted paras of the impugned judgment would show that before the Writ Court it was admitted in unmistakable terms that the writ petitioner-respondent was entitled to allotment of a residential plot measuring 30` x 60` at Roop Nagar Housing Colony, Jammu as was conveyed to her vide communication No.JDA/RN/30`x60`/407 dated 18.10.2002. The petitioner-respondent has also made payment in terms of communication dated 18.10.2002 and completed all the formalities stipulated in the aforesaid communication.
Once the entitlement of the petitioner-respondent for allotment of a residential plot has been admitted then the question of irregular allotment or illegal allotments made to other would pale into insignificance. The order of the Writ Court is categorical with regard to the admission made by the Jammu Development Authority. The aforesaid admission has again been reiterated and remains undisputed. In fact the appeal would not be maintainable. Therefore, Division Bench find that the instant appeal is ill advised and is devoid of any merit, as such, same is liable to be dismissed and dismissed the appeal along with application seeking condonation of delay with costs of Rs.10,000/- (Rupees ten thousand), which shall be paid in the form of a Demand Draft to the petitioner-respondent. |
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