HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 1033/2016

IA No. 01/2016

Pronounced on: 16.07.2022

Vikas Kesar

…. Petitioner/Appellant(s)

Through:-

Mr. Sudesh Sharma, Advocate.

V/s

State of J&K and others

…..Respondent(s)

Through:-

Mr. Nitin Verma, Advocate vice

Ms. Monika Kohli, Advocate.

Mr. Adarsh Sharma, Advocate.

CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

JUDGMENT

01.

Petitioner was allotted a residential plot by the Jammu

Development Authority (hereinafter referred to as ‘JDA’) measuring 891

sq. ft. adjoining site No. 4 in Sector No. 2 situated at EWS Housing

Colony, Opposite Roop Nagar, Jammu vide letter No. JDA/EWS/RN/306

dated 31.01.2003. Pursuant to the allotment, the petitioner also deposited

the premium amount of Rs. 62,104/- and a perpetual lease deed was

executed between the parties on 19.02.2003. The Secretary, JDA, Jammu

vide his communication dated 24.02.2003 requested the petitioner to

attend the office of the Executive Engineer, JDA, Jammu on any working

day for taking over the possession of the aforementioned plot. The

petitioner was, accordingly, put in possession of the plot adjoining site

No. 4, Sector No. 2 situated at EWS Housing Colony, Opposite Roop

Nagar, Jammu on 17.03.2003. The petitioner thereafter had also raised

boundary wall on this plot and is in peaceful possession of the same since

then.

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02.

The JDA, vide order dated 12.09.2015 cancelled the allotment of

the aforesaid plot in view of the decision of the Board of Directors in their

74^th meeting held on 11.06.2015. The impugned order reflects that the

Housing and Urban Development Department appointed Sh. Abdul

Hamid Wani, Special Secretary to Govt. Housing and Urban Development

Department to enquire into the allegations of irregular allotment of shop

sites, plots of extra land allegedly made by the then Vice Chairman, JDA.

These allotments were made by the then Vice Chairman, JDA during his

tenure in the year 2001-03 were categorized into four categories and

placed before the Board of Directors, who decided to constitute a four

members

committee

under

the

Chairmanship

of

the

Commissioner/Secretary to Govt. Housing and Urban Development

Department to scrutinize each case on the basis of each allotment. The

said committee after detailed examination on all aspects submitted a

detailed report and thereafter decision was taken to cancel the allotment of

plot made to the petitioner amongst others who were similarly situated.

03.

This impugned order dated 12.09.2015 of cancellation of the plot

to the petitioner has been assailed on the ground that the same is arbitrary,

unfair and unreasonable, as no opportunity of hearing was provided to the

petitioner either by the Board of Directors or before the Vice Chairman,

JDA before the cancellation of the allotment of plot. It is also submitted

that there is no basis for cancellation of the allotment of plot of the

petitioner after more than 12 years as the petitioner was allotted the same

after following due process and considering his eligibility and also since

there is no irregularity in allotment.

04.

The petitioner was allotted the plot situated at EWS Housing

Colony on 31.01.2003 for which he has deposited the premium amount

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and after the execution of lease deed dated 19.02.2003 is in possession of

the same for more than 12 years. This perpetual lease deed was for a

period of 40 years with the option of renewable exercisable by the lessor

in his absolute discretion on such revised terms and conditions of annual

ground rent thereof as may be prescribed. Para IV of the lease deed

provided forfeiture of the lease, therefore, cancellation of the allotment

would not automatically result in cancellation of the lease deed that too

without any refund of amount paid.