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| No, Court tells JDA | | Bahu Plaza cancellations stayed | | Early Times Reporterdd
Jammu | Oct 1
The state government today had a bout of humiliation as the High Court stayed an order of General Administration Department canceling 31 allotments of prime business apartments in Bahu Plaza made by the Jammu Development Authority.
The cancellation order was issued on September 22 on instructions of the Chief Minister Ghulam Nabi Azad who has to do this following the media expose that his brother was an illegal beneficiary of the allotments. The government had then acted in haste and instead of ordering a probe cancelled 31 allotments when allegations were made just one –the Chief Minister's brother.
Hearing a battery of lawyers appearing for partied aggrieved by the GAD order 1126 of 2007, Justice JP Singh of the Jammu wing of the High Court issued notice to the government through Chief Secretary and directed that till further orders petitioners are not disturbed and no evictions are made.
While staying the order of cancellation of 31 allotments, Justice JP Singh further observed that the petitioners allege violation of the proviso appended to section 37 of the Jammu & Kashmir Development Act 1970, in that, Government had not issued any show cause notice before exercising power under Section 37 of the Act while issuing the impugned order.
In the petitions it has been submitted that inability of JDA to dispose its property at Bahu Plaza complex through mode of open auction and with a view to find ways and means to allot the remaining shops/ halls, which had not been disposed of by way of lease, despite making several attempts by inviting sealed bids as per the procedure. The VC JDA put up a proposal before the Board of Directors in its 64th meeting. The proposal in touched upon various aspects of Bahu Plaza complex particularly those pertaining to change of plan, sale of shops on auction bids etc, proposed to offer shops at lower grounds and upper ground level to the interested/willing lessees at the premium equivalent to highest bid received in the last auction in the respective category. It was further proposed to dispose of the available shops on "first come first served basis". Similar proposal was laid before the Board regarding to the allotment of office accommodation/ halls on premium/ rental basis "first come first served basis". This proposal was thoroughly discussed in the said Board meeting and was duly approved. The proposal of then VC JDA to offer the vacant shops in lower/ upper ground floors in new-blocks on "first come first served basis" was approved and offers were decided to be open till March 31, 2005.
In the petitions it has been further submitted that so far as the office accommodations, the board decided to lease these halls on the fixed premium of Rs 1625 per sqft for first and second floors and Rs 1600 per sqft for third and fourth floor with rental of Rs 5 per sqft per month or on monthly rent of Rs 23 per sqft in first and second floors and Rs 20 per sqft for 3rd and 4th floors. In pursuant to the decision of the Board JDA issued advertisement in local newspapers inviting applications from the interested persons for allotment of shops/halls on "first come first served basis". Whereas, the shops were offered to be leased on highest bids, the amounts received from these shops in last auction, the halls were offered on leased basis on fixed premium/ rental basis. After issuance of the advertisement notice the shops were allotted to the petitioners.
Jammu, Oct 1: The state government today had a bout of humiliation as the High Court stayed an order of General Administration Department canceling 31 allotments of prime business apartments in Bahu Plaza made by the Jammu Development Authority.
The cancellation order was issued on September 22 on instructions of the Chief Minister Ghulam Nabi Azad who has to do this following the media expose that his brother was an illegal beneficiary of the allotments. The government had then acted in haste and instead of ordering a probe cancelled 31 allotments when allegations were made just one –the Chief Minister's brother.
Hearing a battery of lawyers appearing for partied aggrieved by the GAD order 1126 of 2007, Justice JP Singh of the Jammu wing of the High Court issued notice to the government through Chief Secretary and directed that till further orders petitioners are not disturbed and no evictions are made.
While staying the order of cancellation of 31 allotments, Justice JP Singh further observed that the petitioners allege violation of the proviso appended to section 37 of the Jammu & Kashmir Development Act 1970, in that, Government had not issued any show cause notice before exercising power under Section 37 of the Act while issuing the impugned order.
In the petitions it has been submitted that inability of JDA to dispose its property at Bahu Plaza complex through mode of open auction and with a view to find ways and means to allot the remaining shops/ halls, which had not been disposed of by way of lease, despite making several attempts by inviting sealed bids as per the procedure. The VC JDA put up a proposal before the Board of Directors in its 64th meeting. The proposal in touched upon various aspects of Bahu Plaza complex particularly those pertaining to change of plan, sale of shops on auction bids etc, proposed to offer shops at lower grounds and upper ground level to the interested/willing lessees at the premium equivalent to highest bid received in the last auction in the respective category. It was further proposed to dispose of the available shops on "first come first served basis". Similar proposal was laid before the Board regarding to the allotment of office accommodation/ halls on premium/ rental basis "first come first served basis". This proposal was thoroughly discussed in the said Board meeting and was duly approved. The proposal of then VC JDA to offer the vacant shops in lower/ upper ground floors in new-blocks on "first come first served basis" was approved and offers were decided to be open till March 31, 2005.
In the petitions it has been further submitted that so far as the office accommodations, the board decided to lease these halls on the fixed premium of Rs 1625 per sqft for first and second floors and Rs 1600 per sqft for third and fourth floor with rental of Rs 5 per sqft per month or on monthly rent of Rs 23 per sqft in first and second floors and Rs 20 per sqft for 3rd and 4th floors. In pursuant to the decision of the Board JDA issued advertisement in local newspapers inviting applications from the interested persons for allotment of shops/halls on "first come first served basis". Whereas, the shops were offered to be leased on highest bids, the amounts received from these shops in last auction, the halls were offered on leased basis on fixed premium/ rental basis. After issuance of the advertisement notice the shops were allotted to the petitioners. |
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