JAMMU DEVELOPMENT AUTHORITY Vs. GAURI SHANKER

JUDGEMENT

(1.) RESPONDENT Gauri Shanker filed a complaint before the Divisional Forum Jammu. His grievance was that in pursuance of the scheme framed for the benefit of the weaker section of the society, Jammu Development Authority allotted a plot of land being plot 86 measuring 20 x 40 at Housing Colony Digiana. Letter of allotment was issued on 13 -02 -1985. Petitioner deposited a sum of Rs. 1750/ -. Jammu Development Authority did not deliver the possession as piece of land which was to be handed over to the petitioner was under an encroachment. He was allotted an alternate site. This was in Housing Colony Paloura. Measurements of this are 16.6" x 30. Petitioner was called upon to pay further amount of Rs. 6379/ -. Petitioner objected to this. According to him he had already deposited the amount when initial allotment was made. On account of the remissness on the part of the Jammu Development Authority, petitioner should not be made to suffer. Divisional Forum found merit in the submission made by the petitioner. A direction was given to allot the land without calling upon him to pay additional amount. For arriving at this conclusion, following observations were made: -

(2.) JAMMU Development Authority submits that in the last 12 years there has been an appreciable increase in the price of the plot and therefore, respondents must pay additional amount. It is submitted that petitioner is ready and willing to pay interest on the deposited amount at the rate of 09% but he cannot get the plot at the old price.

(3.) I am of the opinion that the stand taken by the petitioner -Jammu Development Authority cannot be sustained. Respondent No. 1 had deposited a sum of Rs.1750/ - with the petitioner. This was done in the year 1985. Calling upon him to pay further amount at an enhanced rate when the respondents had paid the price as demanded would be totally unjustified. It is not the case where respondents had violated any terms and conditions of the allotment. There was inability of the Jammu Development Authority to hand over the plot to the respondents. For this remissness respondent is not supposed to suffer. Discretion exercised by the Divisional Forum as approved by the State Commission calls for no interference.