Excelsior Correspondent
SRINAGAR, Feb 7: High Court today directed the Jammu Development Authority (JDA) to initiate fresh exercise of acquisition proceedings in respect of all such strips which have been allotted illegally by JDA and take appropriate action against all such officers who are responsible for this practice.
While quashing the orders of Chief Town Planner Jammu Development Authority whereby sanctions were accorded for construction of residential buildings over two strips of land in favour of private respondents when no allotment order exists in their favour and directed that fresh exercise of acquisition proceedings of all such strips by the JDA.
“Therefore, in view of what has been discussed above, I deem it proper to allow the writ petition. Accordingly, the writ petition is allowed and both the orders bearing No. RB / CB / BPC / 272 dated 27.07.2002 and No. RB/CB/ BPC/ 273 dated 27.07.2002 issued by Chief Town Planner, JDA, Jammu is hereby quashed”, Justice Tashi Rabstan said.
Court also directed for appropriate action against all such officers responsible for allotting all these strips illegally, even if they have retired as on date and directed for taking legal recourse against them.
Court also directed that Jammu Development Authority is also bound not to change or alter the lay-out plan of Trikuta Nagar locality, that too by resorting to illegal means.
“Respondent No.1 is directed that action taken report in respect of such officers as well as action taken on initiation of acquisition proceedings be submitted before the Registrar (Judicial) of this Court within a period of eight weeks from today. Registrar (Judicial) is also directed to ensure that the said reports are submitted before him within the time prescribed”, Justice Tashi further directed.
It has been established by the Board of Directors of JDA itself that the strips including the strips-in-question have illegally been allotted by some officers of the JDA and that after the decision of Board of Directors to cancel all such allotments, court said, actually, thereafter, neither any allotment exists in favour of
private respondents nor exists in favour of those allottees/lessees, who have illegally been allotted such strips in Trikuta Nagar locality.
“Therefore, JDA, in the given situation, has no other option but is bound to initiate acquisition proceedings in respect of which a decision, of Board of Directors, was taken in its 45th meeting”, Court directed.
“Further, it is directed that fresh exercise of acquisition proceedings in respect of all such strips in terms of decision No.45.21 (supra) be initiated by the Jammu Development Authority within a period of eight weeks from today after following proper procedure as prescribed by law”, Justice Tashir directed.
Petitioner Sunil Arora through the medium of writ petition, was seeking quashing of orders bearing No. RB/ CB/ BPC/ 272 dated 27.07.2002 and No. RB/ CB/ BPC/ 273 dated 27.07.2002 issued by Chief Town Planner, JDA, Jammu, whereby two sanctions were been accorded for construction of residential buildings over two strips of land measuring 600 sq. ft. each, adjoining Plot No.110, Sector No.2, Trikuta Nagar, Jammu, in favour of private respondents.
He also sought quashing of allotment orders, whereby said strips have been allotted in favour of private respondents, which are adjoining the plot of petitioner-Arora.
JDA in its objections in opposition to the writ petition have admitted that the Board of Directors of Jammu Development Authority had decided to cancel the allotment of these strips including the strips allotted in favour private respondents and the same is a matter of record.
Court said that once it is the admitted stand of Chief Town Planer, JDA that the strips of afore-stated land allotted have already been cancelled by the Board of Directors of JDA in, then how and under what authority the Chief Town Planner has accorded sanction for construction of residential buildings over these strips-in-question.
“Thus, after such a decision, actually neither any allotment exists in favour of respondents 3 & 4 herein nor exists in favour of those allottees/lessees, who have illegally been allotted such strips in Trikuta Nagar locality by some officers of the JDA. Thus, this action on the part of Chief Town Planner, JDA, Jammu comes within the scope of corrupt practices”, read the judgment.
Court said the facts clearly revealed that the strips-in-question have illegally been allotted as well as other such allottees in Trikuta Nagar locality and JDA instead of taking action against those officers responsible for all these illegal allotments of strips in Trikuta Nagar locality, is now trying to justify the illegal acts of such officers thereby intentionally interpreting the judgment in a wrong way.
Court said it is for the illegal and corrupt practices of some of the officers of JDA, as such private respondents are also at liberty to claim damages as well as compensation from the JDA and JDA is bound to pay the same.
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