Public properties can’t be distributed in such a fashion: DB
Excelsior Correspondent
JAMMU, Mar 11: Division Bench of the High Court comprising Chief Justice Gita Mittal and First Puisne Judge Justice Rajesh Bindal today expressed anguish over allotment of 191 flats, 30 garages and 587 shops by the Jammu Municipal Corporation (JMC) on pick and choose basis and without laying down any criteria.
The revelations in this regard was made by none else than the JMC, which in a status report, has admitted that it is not having any policy or procedure for allotment, cancellation and transfer with regard to its properties and assets.
In the affidavit, JMC has further disclosed that it has taken up the matter with the Deputy Commissioner Jammu and Director Estates for assessing the market rates of rent of the municipal properties and thereafter a rational policy will be framed for allotment, cancellation and transfer of the municipal properties.
When the Public Interest Litigation (PIL) filed by Irtiza Mushtaq, a practicing lawyer of J&K High Court seeking quashment of orders whereby JMC has allotted 10 flats situated at Gandhi Nagar, Jammu on pick and choose basis to its ex-employees and some private persons came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Mohd Zulkarnain Choudhary appearing for the petitioner drew the attention of the Division Bench towards the latest status report filed by JMC along with the entire record of allotment of shops, flats and garages/ godowns in terms of the directions passed by the Division Bench on March 2, 2020.
Advocate Ahmed pointed out that Jammu Municipal Corporation has allotted 191 flats situated within Jammu city on pick and choose basis to various individuals including ex-JMC employees. “The rent of the flats which are situated in the prime/posh localities of Jammu range from Rs 1200 per month to Rs 1400 per month and in case of some influential persons the rent is slashed to Rs 990 to Rs 1000 per month with lease of 40 years”, he added.
He further pointed out from the status report that municipal garages/godowns have also been allotted on pick and choose basis. He quoted the instance of a politician, who has been allotted 2 municipal garages at CPO Panjtirthi at a monthly rent of Rs 1125.
The Chief Justice Gita Mittal, in the open court, expressed anguish and displeasure over the manner the public properties were allotted without any policy or rules/regulations. “State largesse cannot be distributed in such a fashion and JMC before allotments should have framed policy/guidelines consistent with Articles 14 and 16 of the Constitution of India”, she said in the open court.
Looking into the seriousness of the matter, the DB, in the open court, directed the battery of lawyers Senior Advocate R K Gupta, Senior Advocate U K Jalali, Advocates Prem Sadotra, Uday Baskar, Mohd Rayaz, S K Anand, Ajay Bakshi and K K Jandial appearing for the respondents and Senior AAG S S Nanda for Housing and Urban Development Department to file their written submissions before the next date of hearing along with the relevant case law so that the arguments are heard on the legality of the allotments.
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