PARBODH KUMAR Vs. STATE

JUDGEMENT

(1.) Petitioner by invoking the writ jurisdiction of this Court under Article-226 of the Constitution of India read with Ss. 103 of Constitution of Jammu and Kashmir, has sought issuance of the writ of certiorari for quashing the order No. JDA/2328-30 dtd. 12/9/2015 issued by respondent No.3 whereby allotment of land measuring 2.67 Kanals situated at the bisection of Jammu/Janipur-Bantalab/Kot Bhalwal and Roop Nagar Housing Colony Roads in Roop Nagar, Jammu allotted to the petitioner vide Allotment No. JDA/M/F/C.Site/RN.82/307 dtd. 16/6/2002 has been cancelled and also quashing the order of Board of Director held on 11/6/2015 whereby treating the allotment of the petitioner as irregular and directing the same tobe cancelled.

(2.) Petitioner was allotted a residential/corner plot by the Jammu Development Authority (hereinafter referred to as -JDA-) measuring 2.67 Kanals situated at the bisection of Jammu/Janipur-Bantalab/Kot Bhalwal and Roop Nagar Housing Colony Roads, in Roop Nagar, Jammu. Pursuant to the allotment, the petitioner was paid Rs.28, 03, 500.00 (Rupees Twenty eight lacs three thousand and five hundred only) to respondent No.3 vide Cash Order No. 814051 dtd. 20/9/2002 for Rs.9,00,000.00, Cash Order No. 814052 dtd. 20/9/2002 for Rs.9,00,000.00, Cash Order No. 814053 dtd. 20/9/2002 for Rs.9,00,000.00 and Cash Order No. 814054 dtd. 20/9/2002 for Rs.1,03,500.00(all issued by PNB Shalamar Road, Jammu) towards the premium of the land in question and a lease deed was executed between the parties on 12/10/2002. Consequent upon the execution of the aforesaid lease deed between respondent No.3 and the petitioner, physical possession of the land measuring 2.67 Kanals under reference was handed over to the petitioner on 8/11/2002 by the Executive Engineer, Jammu Development Authority Division II, Jammu on behalf of respondent No.3-Vice Chairman, Jammu Development Authority, Jammu vide letter No. JDA/Div II/RN/1222-28 dtd. 8/11/2002. Thereafter, permission for construction of commercial complex in the aforesaid plot of land was granted to the petitioner by the Chief Town Planner of Jammu Development Authority and the petitioner paid a sum of Rs.6,34,500.00(Rupees Six Lacs thirty four thousand and five hundred only) vide Demand Draft No. 814489 dtd. 28/11/2002 (both issued by Punjab National Bank, Shalamar, Road, Jammu) to respondent No.3 towards the requisite B.P. Fees amount.

(3.) The JDA vide order dtd. 12/9/2015 cancelled the allotment of the aforesaid plot in view of the decision of the Board of Directors in their 74th meeting held on 11/6/2015. 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.