KARTAR GOODS CARRIERS Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners, three in number, are transport companies who had been operating in Srinagar City and were directed to be shifted to Truck Terminal, Parimpora, pursuant to a policy decision taken by the respondents. They are aggrieved and have called in question order No.SDA/VC/366 of 2011 dtd. 10/3/2011, passed by respondent No.2, whereby the letters of intent issued in favour of the petitioners proposing to allot 3 kanals of land situated at Truck Terminal, Parimpora, Srinagar, have been cancelled and the part payment deposited by the petitioners forfeited.

(2.) The impugned order is assailed on multiple grounds but before adverting to the grounds of challenge, it would be appropriate to set out few facts as are germane to the disposal of the controversy raised in this writ petition.

(3.) In the year 2003, a policy decision was taken by the Government to decongest the City and shift the transport agencies to Truck Terminal, Parimpora. In the meeting that was convened by the then Commissioner/Secretary to Government, Housing and Urban Development Department with the office bearers of Transport Companies Association, it was decided that all the eligible transport companies shall be offered plots at Parimpora by Srinagar Development Authority and those who are offered such plots shall convey their acceptance in writing along with bank draft/pay order of Rs.50,000.00 payable in favour of Srinagar Development Authority on or before 15th