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| HC quashes order of Custodian General cancelling allotment of 20 kanals land to Trust | | | Early Times Report
JAMMU, Jan 31: Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court quashed the order impugned dated 16.02.2015 passed by Custodian General whereby Custodian General cancelled the allotment of 20 Kanals Land at Chowadi made in favour of National Welfare Trust.
Justice Sanjeev Kumar after hearing Adv FA Natnoo for the Custodian General and Adv Vishal Goel for the Trust observed that that the order of Custodian General dated 16.02.2015 passed in exercise of review jurisdiction is in violation of principles of natural justice, in that, respondent No.2-Trust has not been given a notice and an opportunity to defend its allotment.
Justice Sanjeev Kumar while disposing of the petition observed that indisputably, respondent No.2 is an allottee of evacuee land and there is a formal lease agreement also executed. If, for any reason, the Custodian General wants to review the order, he can do so only after giving the allotee an adequate opportunity of being heard. This does not appear to have been done in this matter. The Tribunal has, therefore, rightly found the order passed by the Custodian General bad in the eyes of law. It is, however, deserved to be noticed that the Tribunal, which accepted the revision petition and set aside the impugned order of Custodian General, should have remanded the matter back to the Custodian General to pass appropriate orders in accordance with law after providing an opportunity of being heard to respondent No.2 herein. The order of Tribunal only deserves to be modified to this extent.
Court partly allowed the petition and quashed the order impugned dated 16.02.2015 passed by Custodian General and the matter is sent back to the Custodian General, who shall hear the review petition in accordance with law after putting respondent No.2-Trust to notice. Let the matter come up for consideration before the Custodian General on 25.02.2022, on which date, respondent No.2 represented by Goel in this Court shall appear before the Custodian General for further proceedings.
—JNF |
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