Excelsior Correspondent
JAMMU, Jan 31: High Court has quashed the order dated 16.02.2015 passed by Custodian General whereby allotment of 20 kanals Land at Chowadi in favour of National Welfare Trust was cancelled.
After hearing Advocate FA Natnoo for the Custodian General and Advocate Vishal Goel for the Trust, Justice Sanjeev Kumar observed, “the order of Custodian General passed in exercise of review jurisdiction is in violation of principles of natural justice as the Trust has not been given a notice and an opportunity to defend its allotment”.
“Indisputably, respondent is an allottee of evacuee land and there is a formal lease agreement also executed. If, for any reason, the Custodian General wants to review the order, he can do so only after giving the allotee an adequate opportunity of being heard. This does not appear to have been done in this matter. The Tribunal has, therefore, rightly found the order passed by the Custodian General bad in the eyes of law”, High Court said, adding “it is, however, deserved to be noticed that the Tribunal, which accepted the revision petition and set aside the impugned order of Custodian General, should have remanded the matter back to the Custodian General to pass appropriate orders in accordance with law after providing an opportunity of being heard to respondent”.
The High Court partly allowed the petition and quashed the order impugned dated 16.02.2015 passed by Custodian General and the matter was sent back to the Custodian General, who shall hear the review petition in accordance with law after putting respondent Trust to notice.
“Let the matter come up for consideration before the Custodian General on 25.02.2022, on which date, respondent shall appear before the Custodian General for further proceedings”, High Court directed.
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