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WASIM SADIQ NARGAL
Faisal Hussain Khan – Appellant
Versus
Member, Jammu and Kashmir Special Tribunal, Jammu – Respondent
JUDGMENT :
1. The petitioner was arrayed as respondent No.3 in the Revision Petition which was preferred by Naeem Aijaz Mir and the order dated 20.09.2004 was passed by the Jammu and Kashmir Special Tribunal, Jammu (hereinafter referred to as ‘Tribunal’) which is impugned in the present petition, whereby, the orders of the allotment of the shop in favour of the petitioner herein was held to be arbitrary, as the same was passed without hearing the petitioner therein (respondent herein) being malafide, bad and against the principle of natural justice and was, accordingly, set aside.
2. The brief facts arising in the instant petition are that the house in question consisting of two portions originally belong to one Nathu Darzi, who admittedly died issueless many years before 1947 and after his demise one Sh. Abdul Khaliq, his real brother came into possession of the property in question and subsequently the said house came into possession of one Mehmood Ahmed who has sold one portion of the said house to Mr. Sardari Lal and another portion to Smt. Pushpa Rani by virtue of Sale Deed dated 12.12.1970. The further fact of the matter is that at relevant point of time, the house was a single
Continuous possession and acknowledgment by the Custodian Department are crucial in determining property rights in cases of dispute.
Compliance with statutory leasing procedures is mandatory, necessitating Custodian General's approval for any land allotments exceeding one year.
The court emphasized that the eviction was carried out in accordance with the law and court directions, and the petitioners had not provided evidence of prior allotment by the GMC.
Entitlement to challenge allotment requires demonstrating displacement due to construction.
The main legal point established in the judgment is that the petitioners have no right to continue with the possession of the said house based on the provisions of the notification and the principles....
The court affirmed that public auction is mandatory for property transfers by Panchayats, regardless of lease duration, and unauthorized allotments cannot create rights for allottees.
The necessity of Custodian's confirmation under Section 40 of the Displaced Persons Act for the validity of sales is essential; without it, property transfers involving evacuee property are void.
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