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DB dismisses appeal of two allottees
Bahu Plaza allotment case
6/19/2012 12:47:17 AM
Jammu, June18 (JNF): In the much publicized/controversial allotments of 31 shops/halls at Bahu Plaza Jammu, the Double Bench of High Court Jammu wing dismissed the appeal filed by Tarun Bali & another challenging the orders passed by the writ Court dated February 22, 2012 and June 6, 2012.
A Division Bench of the State High Court comprising Justice Virender Singh and Justice Mohd Yaqoob Mir dismissed the appeal filed by Tarun Bali & another challenging the orders passed by the writ Court dated February 22, 2012 and June 6, 2012 in writ petition Sunil Mahajan Vs State whereby the writ Court had directed the Commissioner/Secretary GAD to submit the action taken report with regard to judgment dated June 1, 2009 passed by the Writ Court in a batch of petitions.
After hearing Sr Advocates DC Raina and AV Gupta appearing for the appellants and Adv Sheikh Shakeel Ahmed appearing for private respondent Sunil Mahajan, Division Bench observed that arguments advanced by Senior Advocates may be attractive, but do not appealing. DB further observed that they have gone through the judgment passed by writ Court dated June 1, 2009 in bunch of writ petitions whereby Govt Order NO 1226-GAD of 1997 dated September 22, 2007 canceling the allotment of Shops/Halls at Bahu Plaza was challenged and ultimately quashed also. DB further observed that while dealing OWP NO 818/2007 filed by one Sunil Mahajan questioning the allotment of a hall in favour of Sajjad Ahmed Bhat (brother of Union Health Minister), it came to the notice of the writ Court that the state Govt had not proceeded ahead at all after passing of the judgment dated June 1, 2009, therefore, took a serious note of it and directed the State Govt to file action taken report on the illegal allotments made by JDA.
DB further observed that one finds no difficulty in appreciating that despite giving free hand to the state Govt to look into the impropriety or illegality of the allotments of Shops/halls at Bahu Plaza, the concerned officials of the state were sleeping over the matter for the last more than 3 years. After expressing displeasure over the slackness of the state respondents, DB said that it is a simple case of inaction on the part of officials of State Govt. In other words the writ Court made the official respondents of the state answerable as they were sleeping over the matter.
Court further said that admittedly the notices have been issued upon certain allottees including the present appellants to which they have a right to respond. If there allotment is illegal, undoubtedly they have to be shown ouster and if legal, they can put forth their claim over the shops/halls, of which, they are already in possession. Viewed thus, Division Bench did not find any infirmity in the impugned orders of the writ court and dismissed the appeal filed by Tarun Bali & another.
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