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TASHI RABSTAN, RAJESH SEKHRI
Jammu Development Authority – Appellant
Versus
S. Paramjeet Singh – Respondent
JUDGEMENT/ORDER :
Tashi Rabstan, J.
1. This Letters Patent Appeal is directed against the judgment and order dated 25.02.2022 passed by the learned Single Judge in OWP No. 1054/2013 and OWP No. 1483/2010, whereby the learned Single Judge while allowing the writ petitions passed the following order/directions:
ii. quashed Auction Notice dated 08.12.2010.
iii. quashed letter of allotment, bearing No. JDA/TN/5261-66, dated 22.12.2010 issued in favour of one Mr. Vivek Mahajan, i.e., writ respondent No. 4, allotting him the plot-in-question.
iv. official writ respondents were also commanded to formally allot Plot No. 244, measuring 30' x 60' situated in Sector No. 1, Trikuta Nagar Housing Colony, Jammu in favour of writ petitioner.
2. Heard learned counsel appearing for the parties, considered their rival contentions, perused the appeal file as well as the reco
The principle of natural justice, which requires affording a reasonable opportunity to present one's case, was central to the court's decision.
Concept of doctrine of principles of natural justice-Audi Alteram Partem and its application in judicial, quasi judicial and administrative system is not new. It no doubt is a procedural requirement,....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
The cancellation of land allotment was invalid as the respondents failed to follow due process and were estopped from questioning the allotment after five years of acquiescence.
Cancellation of allotment due to payment defaults by the winning bidder in a public auction.
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
The court emphasized the need for public officials to exercise their powers with sensitivity to the facts and circumstances of a given case and not with pre-conceived opinions, and highlighted the im....
The main legal point established in the judgment is that the cancellation of an allotment without affording the affected party an opportunity of being heard constitutes a violation of the principles ....
The automatic cancellation of government land allotment orders occurs when premium is not deposited within the stipulated time, irrespective of communication issues regarding the order.
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