Allotment of strips illegally by JDA

HC directs JDA to take action against officers responsible for allotting strips

08/02/2018

JAMMU, Feb 7: In a petition filed by Sunil Arora seeking quashing of orders bearing No.RB/CB/BPC/272 dated 27.7.2002 and No.RB/CB/ BPC/273 dated 27.7.2002 issued by Chief Town Planner, JDA, Jammu, whereby two sanctions have been accorded for construction of residential buildings over two strips of land measuring 600 sq. ft. each, adjoining Plot No.110, Sector No.2, Trikuta Nagar, Jammu, in favour of respondents. Petitioner is also seeking quashing of allotment orders, whereby said strips have been allotted in favour of private respondents, which are adjoining the plot of petitioner.
Justice Tashi Rabstan of J&K High Court after hearing both the sides allowed the petition and quashed orders bearing No.RB/ CB/BPC/272 dated 27.7.2002 and No.RB/CB/BPC/273 dated 27.7.2002 issued by Chief Town Planner, JDA, Jammu with the observations that one of the conditions of Perpetual Lease Deed is that the lessee shall not deviate in any manner from the lay-out plan nor alter the size of residential plots, whether by sub-division or amalgamation or otherwise.
Similarly, this condition also applies to the Jammu Develop ment Authority that the JDA is also bound not to change or alter the lay-out plan of Trikuta Nagar locality, that too by resorting to illegal means. Otherwise too, since JDA has taken extra amount for allotting Plot No.110, belonging to the petitioner, being a preferential/corner plot, JDA is bound not to change or alter the nature of plot. Further, for the illegal and corrupt practices of some of the officers of JDA, the petitioner cannot be made to suffer.
Justice Tashi Rabstan further observed that since it has been established by the Board of Directors of JDA itself that the strips including the strips-in-question have illegally been allotted by some officers of the JDA and that after the decision of Board of Directors on 24.2.1993 to cancel all such allotments, actually, thereafter, neither any allotment exists in favour of respondents nor exists in favour of those allottees/ lessees, who have illegally been allotted such strips in Trikuta Nagar locality, therefore, JDA, in the given situation, has no other option but is bound to initiate acquisition proceedings in respect of which a decision, bearing No.45.21, was taken by the Board of Directors in its 45th meeting held on 24.2.1993. It is, ordered, accordingly, Court said.
Justice Tashi Rabstan further directed that fresh exercise of acquisition proceedings in respect of all such strips in terms of decision No.45.21 be initiated by the Jammu Development Authority within a period of eight weeks from today after following proper procedure as prescribed by law. Court also directed JDA to take appropriate action against all such officers responsible for allotting all these strips illegally, even if they have retired as on date and, if required, takes legal recourse against them.
Justice Tashi Rabstan further directed JDA that action take report in respect of such officers as well as action taken on initiation of acquisition proceedings be submitted before the Registrar (Judicial) of this Court within a period of eight weeks from today. Registrar (Judicial) is also directed to ensure that the said reports are submitted before him within the time prescribed. Court further said that private respondents are also at liberty to claim damages as well as compensation from the JDA and JDA is bound to pay the same.JNF

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