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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE WASIM SADIQ NARGAL, J
KAMRAN ALI KHAN – Appellant
Versus
STATE TH.URBAN DEVELOPMENT DEPTT.AND ORS – Respondent
JUDGMENT :
BRIEF FACTS OF THE CASE: -
1. Before examining the rival contentions of the parties, it would be apposite to refer to the basic facts of the case, which are, in nutshell, summarized as follows.
2. The petitioner through the medium of instant amended petition has called-in-question the order No. JDA/LS/40-42 dated 11.04.2012, whereby, according to the petitioner, the land allotted and duly leased in favour of the petitioner has been cancelled without any cogent or valid reason in law. Besides this, the petitioner is seeking a Writ in the nature of Prohibition, restraining the respondent-authorities from taking the possession of the land from the petitioner, which otherwise has been given to the petitioner after completion of all the necessary formalities. The petitioner is also seeking a Writ in the nature of Mandamus, commanding the respondents to account for the losses and damages suffered by the petitioner on account of the illegal acts of the respondents and also permit the petitioner to make use of the said land for the purpose in addition to the purpose for which it has been allotted by way of additional or alternative relief.
3. It is contended in the instant petition
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.
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 automatic cancellation of allotment in case of default in payment and the applicability of Section 34B of the Act only after execution of a lease-cum-sale agreement.
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