MOHAMMAD IQBAL Vs. KARAMJIT SINGH & ORS.

JUDGEMENT

(1.) The petitioner who claims to be the President of Evacuee Property Forum Jammu, through the present revision, is questioning the legality of the order dated 11.6.1993 passed by the Custodian whereby the allotment of the land in favour of Respondent No. 1 has been approved subject to the following condition:

(2.) According to the case of the petitioner, the land in question was under acquisition as such could not be allottee to the Respondent No. 1 but the respondent No. 1 in the garb of the aforesaid order of allotment is trying to obtain the compensation for the land from the acquisitioning Authority.

(3.) The Respondent No. 1 has not chosen to contest this revision. However the Ld. Counsel for the Respondent No. 2 the Custodian had contended that the revision is not maintainable as by it the challenge has been thrown to the validity of the impugned order not on any legal ground but only on un-founded apprehensions. He has argued that the impugned order has itself stipulated the condition that the allotment shall be granted only if the land is not under acquisition or requisition.