Excelsior Correspondent
Srinagar, Feb 5: High Court has dismissed the plea of Jammu Development Authority (JDA) claiming the chunk of land by observing that without any doubt the land in question is outside the land of JDA.
The Division Bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta after perusal the pleading on record said it is established beyond any shadow of doubt that the demarcation of land had been conducted on multiple times and its was found that the land in question pertains to private party.
Court said the JDA had no locus to file the litigation as in this regard, the decision of Board of Directors of the JDA taken in its meeting clinches the issue, wherein it was resolved that in view of the High Court order resulting in demarcation of the land in question on four occasion, the JDA has no claim on it.
“We do not find any illegality or perversity in the judgment of writ court as would warrant its interference for this court. That being the position, this appeal fails and shall stand dismissed”, reads the DB judgment.
JDA claims that in Revenue village Channi Ramma it has a big chunk of land measuring 432 kanals and out that 39 kanals of land is allotted to one Beant Kour by the Provincial Rehabilitation Officer, Jammu in league and connivance with him in the year 1992.
Feeling aggrieved of the allotment, JDA took the matter with the Provincial Rehabilitation Officer and got the same cancelled in the year 1993. The revocation order was challenged by Beant Kour before the Special Tribunal Jammu and got the same set aside.
The JDA assailed the order before the High Court and the writ court while disposing of the same directed to earmark the area of JDA and said order has been challenged by the owner of the land in question before Division Bench in an appeal.
Meantime, during the pendency of appeal, the owner got again the mutation of ownership of the land from the Revenue authorities and withdrew the appeal. JDA challenged the mutation before Divisional Commissioner Jammu but failed the get the mutation vacated.
They further approached the Joint Financial Commissioner (AR) against the order of Divisional Commissioner and his order has been upheld. The DB concluded that if there is any violation of law in the allotment of the land in question made by the Provincial Rehabilitation Officer and subsequent attestation of the mutation of ownership in terms of Government order, the same could be taken care of by the State by invoking appropriate remedy but the JDA in no circumstances could have any locus in the matter to file the litigation in this regard.
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