BALWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Union of India through one of its department wants to carry on commercial activity in an area which is predominantly residential. If the Union of India is unable to move to a commercial area what would fate of an ordinary citizen. The Union of India should have avoided of its own such a course. Having not done so, the petitioners have approached this court through the medium of present writ petition, who are the residents of Gandhi Nagar, Jammu. The petitioners have objected to the decision taken by the respondents Union of India in taking a premises owned by the respondent No. 10 for an activity which as per the petitioners is commercial in nature. The purpose is to set up an office and utilize the premises for providing Tele -Communication department. This department is engaged for providing telephone connections and laying down telephone wires. According to the petitioners, the area is predominantly residential and therefore, the user of this premises for an activity which is commercial in nature should not be permitted.

(2.) THE Counsel for respondents No. 9 and 10, however, submits that it was only on the enforcement of Jammu & Kashmir Development Act of 1970, a master plan as envisaged by the said Act came to be prepared. It is submitted that in that Master Plan, some restrictions have been imposed, then those restrictions would become applicable and given effect to vis -a -vis those buildings which came to be constructed after the enforcement of the said Act. For this reliance is being placed on Section 15 of the Development Act, referred to above. As this section requires Consideration, this is being reproduced below: -

(3.) IF the above Section is analysed, then it becomes apparent: (i) That after coming into operation of a plan in a zone, no person shall use or permit to be used any land building in that zone otherwise than in conformity with such plan;