ASHOK KUMAR Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The issues involved in the instant writ petitions are akin and analogous to each other, as such, are taken up for final disposal with the consent of appearing counsel for the parties at this stage and shall stand disposed of hereunder. WP(C) No. 223/2022 and WP(C) No. 222/2022

(2.) The facts giving rise to the filing of the instant petition are that the petitioners herein claim to have applied to respondent 1-Jammu Development Authority (for short the JDA) for allotment of a strip of land situated at Trikuta Nagar, Housing Colony, Jammu pursuant to an application whereupon the petitioners’ came to be informed that a strip of land measuring 600 sq.ft labeled as strip b and strip c situated and available in Sector-3, Trikuta Nagar, Housing Colony Jammu on lease hold basis stands allowed, as a consequence whereof, a lease deed came to be executed by the petitioner’s herein with the respondent 1 herein against consideration of a payment of premium of Rs.26,667.00 and registered before the competent forum followed by the delivery of possession of said strip of land by the respondents herein to the petitioners herein and that besides the said strip of land and that both the petitioners in the instant petitions contemplated to join both the strips of land and to raise construction thereon, which construction, however, could not be raised for multiple reasons and that in the meantime, a dispute arose qua the strips of land with adjacent plot holder of Plot No. 173 and that after a considerable period of time, on 18/5/2017, the petitioners herein came to know about a notice published in the newspaper †"Daily Excelsior†in its issue dtd. 18/5/2017 purportedly got published by the Secretary of the JDA on 17/5/2017 requiring the petitioners to attend the office of the JDA for receiving the amount of the premium along with interest deposited by them qua the strips of land owing th to a decision arrived at by the Board of Directors of JDA in its 45 Meeting held on 24/2/1993 and that in response to the said publication/notice, the petitioners herein submitted the response thereto through their counsel on 26/5/2017 requiring the respondents to furnish them the documents/letters as also the agenda including the decision of the Board of Directors and that the respondents instead of responding to the request of the petitioners made in the legal notice served upon them, issued order No. JDA/JM/454-56 dtd. 8/7/2017 and order No. JDA/JM/451-53 dtd. 8/7/2017 through respondent 2 herein whereunder the allotment of the strips of the land in question came to be cancelled.

(3.) Aggrieved of the impugned orders, the petitioners herein have maintained the instant petitions on the multiple grounds.