Excelsior Correspondent
JAMMU, Mar 31: Division Bench of High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today dismissed an appeal with cost of Rs 10,000 filed by the Jammu Development Authority against the judgment of Single Judge.
In the judgment, the Single Judge had directed the JDA to allot a residential plot of land measuring 30’x60’ at Roop Nagar, Housing Colony to the petitioner within a period of three months. After the allotment was made and the Lease Deed executed, the possession of the plot shall be delivered to the petitioner within one month.
While dismissing the LPA, Division Bench, after hearing Advocate Adarsh Sharma appearing for the JDA, observed, “the instant appeal is wholly ill advised. A perusal of the extracted paras of the impugned judgment would show that before the Writ Court it was admitted in unmistakable terms that the writ petitioner-respondent was entitled to allotment of a residential plot measuring 30’x60’ at Roop Nagar Housing Colony, Jammu as was conveyed to her vide communication No.JDA/RN/30`x60`/407 dated 18.10.2002”.
“The petitioner-respondent has also made payment in terms of communication dated 18.10.2002 and completed all the formalities. Once the entitlement of the petitioner-respondent for allotment of a residential plot has been admitted then the question of irregular allotment or illegal allotments made to other would pale into insignificance”, the DB said, adding “the order of the Writ Court is categorical with regard to the admission made by the Jammu Development Authority. The admission has again been reiterated and remains undisputed. In fact, the appeal would not be maintainable”.
With these observations, the DB said, “we find the instant appeal as ill advised and is devoid of any merit, as such, the same is liable to be dismissed”. Accordingly, the appeal along with application seeking condonation of delay was dismissed with costs of Rs 10,000, which shall be paid in the form of a Demand Draft to the petitioner-respondent.
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