JAMMU FRUIT ASSOCIATION Vs. J D A

JUDGEMENT

(1.) BY means of this petition, Jammu Fruit Association has challenged the action of the respondents - 1 to 3 in carving out a non -plan shop site adjoining to shop No.20 in phase -I of the Fruit Market Complex, Narwal, Jammu and allotting the same in favour of respondent -6 in illegal and wrongful manner, in mala fide exercise of authority by respondent -2. According to the averments made in the writ petition, the shop site no. 20 is the last shop site in the first row of shop sites laid out in phase -I and the next row starting from shop site no.21 which is the office of the petitioner. It is further submitted that there is no shop site intervening which makes it abundantly clear that there is no such site in existence or ear -marked for allotment to any person. The alleged shop site has been created by the respondents -1 to 3 with purposive intent to favour respondent -6 and subsequently allotted the same to him in clear violation of revised lay out plan of phase -I of the Fruit Market Complex.

(2.) FURTHER case of the petitioner is that respondent -2, in exercise of his own discretion, allotted a shop site adjoining to shop no.20 without the involvement of the administration as well as the allotment committee of the said complex in decision making process. Mere glance of revised lay out plan clearly shows that it does not admit the existence of shop site adjoining to shop no.20 in phase -I of the said complex and the manner in which the respondent -6 has been favoured with the allotment of the said shop site speaks of volumes of the mala fide and arbitrary conduct of respondent -2. That the respondents - 1 to 5 have made allotment of the shop site in favour of respondent -6 by by -passing the allotment committee and in clear violation of the procedure provided for such allotment.

(3.) IT is legitimately expected of the public authorities, managing public properties for public purposes, to follow due procedure and process laid down for the purpose. No public notice for such allotment was ever given, inviting offers from prospective buyers as normally the procedure is adopted in case of allotment or lease of the public properties and colourable exercise of the authority in making the allotment of the shop site in favour of respondent -6 without adopting due procedure provided for such cases vitiates the allotment of the shop site being inherently illegal and in breach of the lay out plan of phase -I of the Fruit Market Complex and, thus, petitioner sought quashment of letter No. JDA/FM/167 -68 dated 13/08/2003 issued by respondent 3.