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| Court pulls up JDA in illegal land use case | | | EARLY TIMES REPORT
JAMMU, Nov 18: The Division Bench of Jammu and Kashmir High Court has asked the JDA to disclose as to why no action was initiated against the private respondent for change of land use as prima-facie, violating the terms and conditions of the auction notice; as also explain as to why the order of the J&K Special Tribunal February 9, 2000 was not assailed before the High Court, besides disclosing the names of the officers and officials who had miserably failed in discharging their lawful duties causing great loss caused to the state exchequer.
While passing these directions in a PIL about commercial activities of Jhelum resorts, the Division Bench comprising Justice YP Nargotra and Justice Vinod Gupta has directed the counsel for the JDA to file stand of JDA within four weeks.
Observing the status report of JDA fully silent about what action it is going to initiate against Mustaq Ahmed for violating the terms and conditions of the auction notice and lease deed, D B also directed JDA to explain as on what basis the Bar license was issued in favour of private respondent and whether the guest houses are entitled for commercial bar license.
With these directions and observations the Division Bench directed Adv Ghanshyam appearing for the JDA that he shall file the stand of JDA within four weeks, advance copy to SS Ahmed assisting counsel and Sr. Adv ZA Shah appearing on behalf of private respondent, where after they shall be free to place their stand within a period of six weeks. DB said that it shall remain open to private respondent to substantiate the stand taken by him before Single Judge that averment in the petition do not invoke the question of Public Interest for not treating the writ petition as PIL and directed the Registry to list the case after eight weeks.
The JDA in its status report has submitted that two plots Numbering 7 and 8 were allotted in favour of one Mustaq Ahmed son of Abdul Aziz on lease basis for the purpose of construction of "guest house" for visiting guests, through open auction. The minimum reserved price was fixed at Rs 15 lakhs per kanal. The auction notice clearly laid down that the sites can be used only for Guest House for the visiting, officers and guests and shall not be used for permanent residential purposes. |
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