Shops await traders as legal, bureaucratic hurdles persist

Stalemate in Jammu’s Fruit Market

Vikas Sharma

JAMMU, July 2: Despite the passage of more than 15 years, dozens of weary traders at Narwal Fruit and Vegetable Market continue their wait, for a dream that has yet to ripen, the rightful possession of their allotted shops.

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For those affected, the wait has been marked by frustration, uncertainty and a deepening sense of injustice.
This long-standing impasse, rooted in a tangle of legal, administrative and departmental complications, has now found its way into courtrooms and Government chambers.
The saga began in 2008 when the Jammu Development Authority (JDA) officially handed over the Narwal Fruit Market, including land and infrastructure, to the Horticulture (Planning & Marketing) Department.
The transfer was done on an “as is where is” basis, a legal term that soon became a source of confusion and contention.
Included in the transfer were not just physical assets, but also outstanding liabilities, including previously allotted shops.
“Many of us had been allotted shops by the JDA years before the transfer,” said Surinder Sharma, a trader who has been at Narwal since the early 2000s. “We were expecting possession. But nothing happened.”
Despite acknowledging in court that it inherited all responsibilities related to the market, the Horticulture Department has not proceeded with handing over the shops. Instead, a backlog of legal petitions has grown, each one filed by traders demanding justice.
Documents accessed by the Excelsior revealed that the department, in its submissions to the Jammu and Kashmir High Court, admitted that shop allotments by the JDA were valid. This crucial admission has formed the backbone of several writ petitions filed by the affected traders.
“If they attempt to cancel the allotments now without first amending their stand in court, it would be both legally unsound and deeply unjust,” said Atul, a legal advisor familiar with the case. “Any such move would invite further litigation.”
Adding another layer to the legal maze is the issue of lease renewals. Many existing leases have expired, and traders are in the dark about the renewal process.
Since the market now falls under the Horticulture Department, it is obliged to handle these renewals in line with the same Government order that governed the original land transfer.
Perhaps the most sensitive aspect of the crisis involved individuals who were promised shop allotments but received neither possession nor compensation, some waiting for over 30 years.
Acknowledging the seriousness of their plight, the Horticulture Department has sought legal advice from the Department of Law, Justice & Parliamentary Affairs on whether refunds are legally viable.
For now, these individuals remain in limbo, with only formal legal opinion standing between them and potential closure.
Speaking to the Excelsior, Ghulam Jeelani Zargar, Director of Horticulture (Planning and Marketing), confirmed that the matter has now escalated beyond the departmental level.
“Extending the lease period of the shops in Narwal fruit market is a big issue and not within the jurisdiction of the Director’s office,” Zargar said.
“It’s a policy matter now with the administrative department and the J&K Government. We have forwarded the case, and it is up to the Government to take a decision,” he added.
For the traders of Narwal Fruit Market, justice remains a fruit not yet borne. But with the matter now under legal and administrative scrutiny, many hold on to hope that resolution, though late, may still arrive.