Early Times Report
JAMMU, Sept 30: In a significant relief to the Rotary Bhawan Society, Jammu, the High Court of Jammu & Kashmir and Ladakh at Jammu has stayed the J&K Housing Board's order directing takeover of a leased property in Gandhi Nagar.
The case pertains to a plot measuring 3000 square feet in Sector-A, Block-D, Gandhi Nagar, Jammu, allotted to the petitioners under a lease deed dated 23.02.1982. The Housing Board, through its Order No. 108 of 2025 dated 15.07.2025, had rejected the petitioners' request for renewal of lease and directed its Deputy General Manager, Housing Unit-II, Jammu, to immediately take possession of the land and the structure built upon it.
The petitioners, represented by Senior Advocate Abhinav Sharma and Advocate Abhimanyu Sharma, argued that the Housing Board had bypassed the mandatory provisions of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1959. They further contended that no assessment or payment of compensation for the building and structures raised on the plot had been made, as required under the lease conditions.
Justice Sanjay Dhar, after hearing the parties, observed that a prima facie case for interim indulgence was made out. Accordingly, the court ordered that the impugned order shall not be given effect to and if possession had already been taken over, it must be handed back to the petitioners. The interim relief, however, was made subject to the condition that the petitioners shall not use the property in violation of municipal laws, the expired lease terms, or any prior court directions.
The matter has been listed for further hearing on December 17, 2025. (JNF) |
