1. Land measuring 17 marlas, comprised in Khasra No. 50, Khewat No. 31 & Khata No. 178, situated at Village Channi Himmat, Jammu, purchased by the petitioners, to construct houses and shops, vide Sale Deed of January 31, 1969, was part of big chunk of land, which appears to have been acquired by the State of Jammu and Kashmir for its transfer to the Jammu Development Authority, respondent No.1, (hereinafter to be referred as the "Authority", for short), for establishing a Housing Colony.

2. Complaining that the compensation awarded therefor, was a paltry amount of Rs.8,952.27, and that despite assurance, the Authority had not allotted a plot of land, of the same size, as that of the petitioners land, the petitioners have filed this writ petition seeking issuance of a command to the Authority to allot Plot no. 141/1, Trikuta Nagar Extension, Jammu, adjoining to the petitioners land, or Plot No. 142 measuring 131/2 marlas allotted to Dr. Roop Lal, besides 31/2 marlas of land, located elsewhere in the Colony.

3. They have placed on the records, a copy of the Notice dated 15.07.2002, served by them through their Advocate, on the Vice Chairman of the Authority, complaining about the refusal of its functionaries to accede to his request, besides indicating that he would approach the Court of law for justice in case the plot was not allotted to him.

4. Projecting the plea of their intention to settle in the City, for which they are stated to have purchased the acquired land, for construction of the houses and shops, they rely, primarily on the provisions of Section 17 (2) of the Jammu and Kashmir Development Act, 1970, hereinafter to be referred as the "Act", for short, to seek allotment of a plot.

5. Opposing the petitioners writ petition and denying any assurance by the functionaries of the Authority to the petitioners for allotment of a plot, in lieu of the acquired land, the Authority has denied the entitlement of the petitioners to seek allotment in terms of Section 17 (2) of the Act. Denying the petitioners plea that they had been dealing in the shuttering material, on their plot of land, the Authority has, additionally, questioned the maintainability of the writ petition, on the grounds of delay and laches in approaching the Court, decades after the acquisition of their land.

6. I have considered the submissions of learned counsel for the parties and the law cited at the Bar by the petitioners learned counsel.

7. In order to determine the issue as to the petitioners entitlement or otherwise, to a plot in the developed Housing Colony, in lieu of the acquisition of their property, regard needs to be had to the provisions of Section 17 (2) of the Act, Section 17 reads thus:-

"Section 17: Disposal of land by the Authority

(1) Subject to any direction given by the Government under this Act, the Authority may dispose of-

(a) any land acquired by the Government and transferred to it without undertaking or carrying out any development thereon; or

(b) any such land after undertaking or carrying out such development as it thinks fit; to permanent residents of the State in such manner and subject to such terms and conditions as it considers expedient for securing the development of the area according to plan.

(2) The powers of the Authority with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the Authority and are willing to comply with any requirements of the authority as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms and settled with due regard to the price at which any land has been acquired from them:

Provided that where the Authority proposes to dispose of by sale any land without any development having been undertaken or carried out thereon, it shal

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