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| HC halts JDA action against Bahu Plaza shop allottee | | | Early Times Report
Jammu, July 2: The High Court of Jammu & Kashmir and Ladakh at Jammu has granted interim relief to Asha Gupta by staying the Jammu Development Authority’s order cancelling allotment/lease of a shop at Bahu Plaza, Jammu, and the subsequent eviction-related show-cause notice.
Justice Wasim Sadiq Nargal passed the order in WP(C) No. 1912/2026 filed by Asha Gupta against the UT of J&K and others. The matter pertains to Shop No. 22 B-2, measuring 459 sq ft, South Block, Bahu Plaza, Jammu, which, according to the petition, was originally allotted/leased and later transferred in favour of the petitioner after completion of requisite formalities.
Senior Advocate Sunil Sethi with Advocate Parimoksh Seth appeared for the petitioner, while Senior Advocate Adarsh Sharma with Advocate Atul Verma appeared for the Jammu Development Authority.
The petitioner challenged JDA Order No. 79-JDA of 2026 dated June 19, 2026, whereby the allotment/lease of the shop was cancelled. She also challenged the show-cause notice dated June 24, 2026 issued under Sections 4(1) and 4(2) of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988, through which eviction proceedings were sought to be initiated.
In the petition, Asha Gupta pleaded that the shop was transferred in her favour after permission was granted by JDA and after deposit of the requisite transfer fee. She further stated that she has been in actual physical possession of the shop and has been running business from the premises to earn her livelihood. The petitioner also contended that once a registered lease deed exists, it cannot be cancelled unilaterally by an executive order. After hearing the parties, the Court issued notice to the respondents-JDA. Advocate Atul Verma waived notice on behalf of JDA and sought time to file response. The Court granted three weeks’ time to file the reply.
In the meantime, subject to objections from the other side and till the next date of hearing, the Court directed that the impugned order dated June 19, 2026 and the show-cause notice dated June 24, 2026 shall remain stayed.
During the proceedings, counsel for JDA submitted that an identical matter arising out of the same issue is already pending before the High Court in OWP No. 510/2013. He prayed that the present petition be clubbed with the said matter to avoid conflicting orders.
The Court directed the Registry to list the matter along with OWP No. 510/2013. The caveat filed in the matter was also discharged after appearance of counsel for JDA. (JNF) |
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