DB stays allotment of JMC assets, seeks policy

Excelsior Correspondent
JAMMU, July 20: Division Bench of the State High Court comprising Justice Tashi Rabstan and Justice Sanjay Gupta today directed Jammu Municipal Corporation not to make any allotment of its assets till next date of hearing.
The Division Bench also granted eight weeks as last and final opportunity to Senior AAG S S Nanda appearing for General Administration Department and Financial Commissioner Housing and Urban Development Department to produce before the court the policy or procedure for allotment/cancellation/ transfer on the next date of hearing—September 21, 2018.
These directions were passed in a Public Interest Litigation (PIL) filed by Irtiza Mushtaq, a practicing lawyer of J&K High Court seeking quashment of orders whereby Jammu Municipal Corporation has allotted 10 Municipal Flats situated at Gandhi Nagar, Jammu on pick and choose basis to its ex-employees and some private persons.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that despite granting of 10 days time to the Housing and Urban Development Department on May 15, 2018 the requisite affidavit to the PIL has not been filed.
He further submitted that notice in this PIL was initially issued on December 29, 2017 for February 16, 2018 but on 16-02-2018 again four weeks time was extended for filing of reply by H&UDD but needful was not done. On April 17, 2018 PIL again came to be listed and the Division Bench on the request of Senior AAG S S Nanda further extended time for filing of reply on behalf of H&UDD.
On May 15, 2018 the PIL came to be listed before the Division Bench and on the prayer of Senior AAG 10 days further time was allowed for filing of reply by H&UDD but today again the position is same and there is no reply on behalf of H&UDD, Advocate Ahmed submitted.
“There is a complete non-serious approach on behalf of Financial Commissioner Housing and Urban Development Department with regard to the instant PIL as the beneficiaries of the instant allotment scam are high profile officers of JMC and also a Former Commissioner/ Secretary Housing and Urban Development Department and for this reason all out effort is being made to shield the erring officers who had facilitated illegal allotments of prime assets of JMC in favour of the employees of the Corporation”, he further submitted.
While drawing the attention of the Division Bench to the reply affidavit filed by Advocate Sachin Gupta on behalf of Jammu Municipal Corporation, Advocate Ahmed submitted that JMC has admitted that its assets have been allotted to various employees, non-employees and other persons without adopting any criteria.
After considering the heated arguments of Advocate Sheikh Shakeel Ahmed appearing for the petitioner, the Division Bench took serious note of the lapse on the part of JMC and H&UDD in non-formulation/finalization of any policy despite the lapse of more than one year and also took serious note of the non-assessing of market rates of rent of the municipal properties.
After considering the submissions of both the sides, the Division Bench directed that Jammu Municipal Corporation shall not make any allotment(s) to any other persons of its assets till next date of hearing.
Senior Advocates U K Jalali, R K Gupta, Advocates S K Anand, K K Jandial, Abhinav Sharma, Adarsh Sharma, Ajay Bakshi, Ratish Mahajan appeared on behalf of the beneficiaries (private respondents).

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