BELI RAM Vs. JAMMU DEV. AUTHORITY AND OTHERS

JUDGEMENT

(1.) Through the medium of petition-in-hand petitioner is seeking quashment of impugned Order No. JDA/Lity/65-66 dated 02.07.2004 passed by respondent-Jammu development Authority whereby a plot of land measuring one kanal has been allotted to him in Sector No.9 of Roop Nagar Housing Colony on the ground that he in terms of Govt Order No. 171-UD of 1984 dated 21.04.1984 (Annexure-C) was entitled to allotment of land measuring one kanal in the area between Gandhi Nagar Extension and Rail Head Complex, Jammu which was the area identified by the Government for re-settlement of 38 families including the family of the petitioner, who were evicted from the Rail Head Complex area, Jammu. The petitioner has claimed allotment of the plot in the aforesaid area on the analogy of allotment of similar piece of land measuring one kanal of land situated in the aforesaid area in favour of his two other brothers, who were cosharers along with the petitioner in the land acquired by the Jammu Development Authority.

(2.) The case-in-hand has chequered history and brief reference to the facts and instances of factual background in which instant writ petition has been arisen alone would be sufficient.

(3.) Petitioner earlier to this petition, had filed a writ petition being OWP No. 54/1997 titled Beli Ram Vs. JDA contending therein that he along with his two brothers, namely, Luder mani and Durga Dass owned more than 30 kanals of land and houses built thereon in village Rakh-Bahu, Tehsil Jammu. The respondents proposed a chunk of land including this land for construction of a Post Commercial Complex, named as Rail Head Commercial Complex, Jammu. The land and house of the petitioner was earmarked by the respondents for acquisition. For habilitation of the uprooted persons the Government evolved a scheme where under the petitioner was entitled to the allotment of land under Govt Order Nop.171-UD/1995 dated 21.04.1984. This Court vide order dated 11.10.1999 disposed of the said writ petition by holding that the petitioner is found entitled to the relief prayed for to the extent of his share of the land. The Jammu Development Authority was directed to allot the land to the petitioner to the extent of one kanal which was remaining entitlement of the petitioner along with his brothers, and it shall be open for the brothers of the petitioner to make up their deficiency to demand share of the allotment from the petitioner to the extent of their deficient share as they have been allotted only one Kanal of land whereas, the petitioner by virtue of this order shall be getting one Kanal of land which shall be more than his share. Being aggrieved, respondent-JDA preferred an appeal before the Division Bench of this Court which came to be dismissed. Respondent-JDA thereafter filed SLP, which too was dismissed vide order dated 10.04.2003 Thereafter, they filed review of order dated 10.04.2003 which too was dismissed. When respondents did not adhere to the request and orders passed, petitioner constrained to file Contempt Petition and during the pendency of Contempt Petition, respondents offered a plot bearing Plot No.112-G in Sector No.9 of Roop Nagar Housing Colony, Jammu. Ultimately Contempt Petition was disposed of vide order dated 16.12.2004 being rendered infructuous in view of allotment made by the respondent-JDA in favour of the petitioner. Aggrieved by the order dated 16.12.2004, petitioner filed a Special Leave Petition before the Honourable Supreme Court of India, which came to be disposed of with the observations that in case petitioner is entitled to get plot in the area between Gandhi Nagar and Rail Head Complex Jammu and allotment has been made elsewhere, he would be at liberty to challenge the present allotment in the Court.