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| Shamshan Ghat land regularization case’ | | HC dismisses petition with Rs.20, 000 as cost | |
JAMMU, MAY 19
Justice Nirmal Singh of Jammu & Kashmir High Court Jammu wing in a landmark judgment has dismissed a petition filed by Mohammed Rafi s/o Abdul Gani r/o Jogi Gate Jammu with the cost of Rs 20,000 to be deposited by the petitioner and the JDA in equal shares and also directed Commissioner/ Secretary Housing and Urban Development Department to hold an enquiry as to in how many cases the JDA has regularized the land in violation of the Government order dated March 18, 2005. A report in this regard should be submitted to this Court within three months, Justice Singh ordered.
The petitioner who was in possession of seven Marlas of land situated at Jogi gate Jammu, applied to the concerned authority for regularization of the said land, which was regularized in his favour vide order dated December 10, 2004 on payment of developmental charges @ Rs 37298 and finally cancelled on a complaint filed by Jammu and Kashmir Sewa Samiti Jammu without hearing the petitioner.
The JDA after regularization of the plot in favour of the petitioner, received number of representations including one from J&K Sewa Samiti that the petitioner has got done the regularization by misrepresentation and fraud. It is stated that after it was brought to the notice that the land in dispute is under the possession of J&K Sewa Samiti for the last more than 100 years and this land falls under the cremation ground, an enquiry was conducted and it was found that no residential house was constructed over the said plot which falls in Khasra No 337 at Jogi Gate Jammu. It was found that the petitioner has obtained the order of regularization from JDA by misrepresentation and enclosing wrong documents, the order of regularization made in favour of petitioner was cancelled vide order dated February 3, 2006.
According to the Sewa Samiti, the land was in its possession for the last more than 100 years and the same were being used for the purpose of Shamshan Ghat and Graveyard for children. It is stated that the petitioner has got the regularization order in his favour by suppression and concealment of material facts and misrepresenting before the authorities concerned as the address of the plot in dispute has been mentioned as Prem Nagar Jammu instead of Jogi Gate. According to the Municipal Corporation that sanction for construction of residential house was accorded in favour of the petitioner vide order dated September 13, 2005 but this was subject to the condition that this permission shall not confer any title of land over which the construction is to be raised. It is stated that the enforcement inspector on February 8, 2006 reported that petitioner has not started construction as per the approved plan. On his report on February 18, 2006 show cause notice was issued to the petitioner with a direction to discontinue the construction process.
Justice Nirmal Singh, after hearing both the sides, observed that from the statement of the petitioner which he made in the Court, it is clear that the petitioner has got allotted the land with the connivance of JDA Authorities. The said authorities have allotted the land in dispute in favour of the petitioner in violation of Government order dated March 18, 2005 and even no inspection was done on the spot as to whether any construction has been raised over the plot or not. If the JDA authorities would have made the inspection then the plot could not have been regularized in favour of the petitioner as there was no construction before December 30, 2004. The JDA Authorities, though, of late, have rightly cancelled the allotment made in favour of the petitioner. This petition is found to be without merit and is dismissed with a cost of Rs 20,000 to be deposited by the petitioner and JDA in equal Shares.
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