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| HC sees Govt’s land allotment order ‘bad’, asks for competitive auction | | | Early Times Report
Jammu, Apr 2: The wheels of justice are really at work but the system needs crusaders to challenge bad orders. This is what one could have concluded today when the Jammu and Kashmir High Court found a 2000 order of state cabinet on a land allotment ‘bad’ and asked the state’s agency to cancel deal and put land to auction.
Perusal of case proceedings reveal that upon getting an eviction order from Auqaf property a businessman approached the then Chief Minister allotment of land in any of the posh areas of Jammu and got away with the order. Not only this, the story goes beyond this. The Cabinet order required him to pay for two kanals of land and get an equal area free.
The Division Bench of J&K High Court Jammu Wing comprising Chief Justice Mr. Barin Ghosh and Justice Virender Singh has quashed the cabinet decision dated August 18, 2000 and Govt order dated August 24, 2000 whereby 4 Kanal of land at Channi Himmat allotted to JS Luthra Academy on the basis of 2 Kanal @ 8 Lac per Kanal and 2 Kanal free of cost, declared bad and directed J&K Housing Board Rs 16 lacs received by it, to the private respondent forthwith and also directed the Govt through its PWD to make an assessment of the cost incurred by the private respondent in the construction made by him and also directed Board, through its own officers to make similar valuation. DB further directed the Govt to have such valuation to be made through Valuation cell of the income tax dept situate at Jammu.
This landmark judgment written by Chief Justice Mr. Barin Ghosh for the Division Bench in 2 appeals observed that the private respondent is owner of an educational institution known as JS Luthra Academy and the said institution was a tenant of premises of Auquaf Property situated at Wazarat Road. On December 27, 1995 the Chairman Tehsil Committee directed eviction of the private respondent from the said premises, the said order of eviction was stayed. While stay of eviction granted by the authority the private respondent on December 15, 1997 applied to the Chief Minister of the State that subject of the letter was shifting of school, it was stated that a piece of land measuring about 15 Kanals be allotted on nominal development charges out which two to four Kanals would be set-aside free of cost. It was stated that the land may be made available at Gandhi Nagar 4 Kanals, Trikuta Nagar 4 to 6 Kanal and Channi Himmat Area 15 to 20 Kanals, however, the four Kanal land was allotted to private respondent in which two Kanal @Rs 8 lacs per Kanal and 2 Kanal free of cost.
In the approved for reporting judgment Division Bench after hearing Adv RK Gupta appearing for the appellant Naresh Kumar, Adv SK Shukla for other appellants whereas Mrs. Seema Shekhar AAG for state, Adv KS Johal, DS Chouhan for the other appellant and NA Choudhary appearing for the Housing Board further observed that it is true that reasonable classification can be made but the same must have nexus with the purpose to be achieved. The purpose sought to be achieved in the instant case was to be accommodate a businessman carrying on school business from a Wakaf Premises wherefrom he is likely to be evicted to a land belonging to statutory board. Can be it be said that there was, or is, any public element involved in enshrining such a classification made for one single person? Furthermore; assuming that the policy is universal and can be applied to similarly circumstanced people, the question is whether such a policy can be said to be saved by reasonableness? DB declared the cabinet decision and order bad and is quashed and directed the Board to return Rs 16 lacs to the private respondents. DB also directed the Housing Board to hold public auction of the land for the purpose of leasing the same out on the same terms and conditions it had leased it to the private respondent, except the premium shall be fixed @ highest priced to be obtained at such auction to be held by inviting people interested in setting-up a secondary school on the plot of land by publishing advertisements in the newspapers. JNF
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