news details |
|
|
| DB dismisses PIL with cost Rs 10,000 | | | Early Times Reporter
Jammu | Mar 1
Division Bench of Jammu and Kashmir High Court, Jammu Wing, comprising Chief Justice K S Radhakrishnan and First Puisne Judge Nisar Ahmed Kakru, dismissed Public Interest Litigation (PIL) with costs of Rs 10,000, which was filed in the year 2000 on the ground that the plot of land meant for residential purpose was utilized for commercial purpose.
This PIL filed by one Ajay Kumar r/o Udhampur, filed an affidavit in the State High Court stating that he is not interested in pursuing this PIL any further. Sr. Adv AV Gupta appearing for the petitioner stated that since the party is not interested in pursuing the PIL, he may be relieved of appearing in this PIL.
Objections were filed by the private respondents namely Abdul Ghani and Tanveer Ahmed Sheikh r/o ward No 2 Udhampur in which they stated that the construction has been raised strictly in accordance with the rules and the land has been allotted by the Government under Land Grants Act which is in their possession for more than 20 years. State Government has taken-up the stand that the contesting respondents are carrying on construction in accordance with the rules.
DB, while dismissing the PIL, observed that since the petitioner is not interested in pursuing this PIL, it is unnecessary to pursue further in the matter especially when the state Government has taken-up the stand that there is no illegality in the allotment and the construction is being carried out as per rule. Party in person has not appeared today. Considering the facts and circumstances of the case, DB inclined to dismiss the PIL with costs of Rs 10,000 to be paid to private respondents.
In the PIL, it has been submitted that land has been allotted to the private respondents in complete violation of the provision of the Land Grants Act. Under this Act only one piece of land can be allotted to one person and that too once only. In the case of the Abdul Ghani and Tanveer Ahmed Sheikh the provisions of the Land Grants Act, have been observed more in breach than incompliance. The first allotment was made in favour of Abdul Ghani in the year 1960 and the second allotment was made in his favour in the year 1978. The land was sold by the private respondent by virtue of registered sale deed. The third allotment was made in his favour in the year 1991 for residential purpose. In the PIL it has been prayed for issuance of direction to respondents not to raise the construction of hotel cum shopping complex at Land situated in Udhampur. After about 8 years the petitioner filed an application before the High Court stating that he is not interested in pursing the PIL any further reason best known to the petitioner. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
