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| HC directs JDA to hand over possession of shop with Rs10, 000 as cost | | | JAMMU, JUNE 01
Justice Nirmal Singh of Jammu & Kashmir High Court Jammu wing in a landmark judgment allowed the petition filed by the Ramesh Kumar Jain who died during pendency of the petition with a cost of Rs 10, 000 to be paid by respondent-state to the petitioners and directed the JDA to handover the possession of shop NO 14 at General Bus stand Jammu to the petitioner’s legal heirs within one month.
This landmark judgment comes in a petition filed by one Ramesh Kumar Jain who was owner of four shops located on Satwari Airport road but due to the widening of the road, the said shops were taken in possession by the Command Area Development Project Jammu and same were demolished. Respondents Executive Engineers JCADP and R&B Div-III Jammu took the matter with JDA regarding allotment of shop in favour of deceased in lieu of his four shops which were acquired for widening of the road.
On Marc 23, 1992 the deceased was informed that JDA has agreed to allot one shop at General Bus-stand Jammu in his favour and accordingly Shop No 14 was allotted in favour of deceased vide letter May 12, 1992. The deceased deposited premium of 1, 12, 500 with the JDA and also agreed to pay monthly rent of Rs 270 as per the lease agreement but the possession of the shop was not delivered to him. The petitioner deceased made representations to the concerned authorities and also served legal notice but no action was been taken by the respondents and the possession of shop was not delivered to the petitioner and nor any compensation paid.
Justice Nirmal Singh, after hearing Advocate CS Gupta appearing for the petitioners and Additional Advocate General SC Gupta appearing for the state and Advocate Adarsh Sharma appearing for the JDA, observed that it was admitted by Mr. SC Gupta AAG appearing for the PWD that possession of land and structure was taken over for the purpose of widening of the road, if above be the position, then the respondents as per the agreement and the lease deed executed in favour of the deceased, were under a legal obligation to hand over the possession of said shop at General Bus Stand to the deceased.
While disposing off the petition Justice Singh observed that respondents have taken over four shops of the deceased and in lieu of that only one shop was allotted in his favour but the possession of the same has not been delivered till date to the petitioners who are the legal heirs of the deceased. Respondent authorities have also not utilized the said shop and admittedly, the same is lying vacant. The respondents had taken over the possession of four shops of the deceased which is clear from the perusal of the letter (written by the Xen JCADP Jammu) but the deceased as well as his legal heirs have been deprived of ten shop which were allotted in favour of the deceased for almost one and half decade without any reason. With these observations, Court allowed this petition with a cost of Rs 10,000 to be paid by the respondent State to the petitioners and directed JDA to handover the possession of shop No 14 at General Bus-Stand Jammu to the petitioner’s- legal heirs of the deceased within a period of one month from the date a copy of this order is made available to the said respondents by the petitioners.
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