MOHINDER SINGH AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 22.04.2016 delivered by a learned Single Judge of this Court in OWP No.875/2002. The reliefs claimed by the appellants-writ petitioners entail the issuance of a Writ of Certiorari quashing the order dated 11.04.1990 and the minutes of the Review Committee dated 14.11.1990 and, for quashing the Government Order No. 151-UD of 1987 dated 08.05.1987. The appellants-writ petitioners also claimed allotment of plot No. 9 situated at Transport Nagar, Jammu in their favour for the purposes of construction of a restaurant/cafeteria or for any other purpose on the same basis and costs as were granted/recovered from respondents 4 to 7. Other ancillary and incidental reliefs were also prayed for, which included the appellants-writ petitioners' plea for regularisation of the said plot No.9 at the Transport Nagar, Jammu.

(2.) The learned Single Judge, after having examined the case and hearing the arguments, noted that the Jammu Development Authority had shifted the transport service area from the old City to Transport Nagar, Narwal, Jammu for the purposes of establishment of transport related services. In view of the dislocation that might be suffered by the Transporters, a Government Order was issued being Government Order No. 151-UD of 1987 dated 08.05.1987. The said Government Order is reproduced herein below:"Government of Jammu and Kashmir,

(3.) On going through the said Government Order, it is evident that sanction was accorded to the allotment of booking agencies of a standard size at the rate of Rs. 1.60 lakhs per kanal in favour of such of the Transporters, who had already been identified by the Committee headed by the Divisional Commissioner and on the basis of first come first served. This pattern was to be adopted as an incentive for the people to come forward at the earliest for their relocation at the new site. The said Government Order also specified that any surplus sites, over and above those already identified as workshop, spare part shops/commission agents sites or even the booking agencies, shall be auctioned. Thus, from the above Government Order, it is clear that the allotments have to be made in respect of the booking agencies, and for other related activities, such as workshops, spare parts shops/commission agents sites. These activities were all related to the transport business. Any surplus sites, over and above the allotments made to such activities, were required to be auctioned. The appellants-writ petitioners claimed allotment of plot No.9 at the Transport Nagar, Jammu for the purposes of establishing a restaurant/cafeteria. On a plain reading of the said Government Order, no allotment of such a plot could have been made for such purpose, other than by way of auction.