DAVINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) IN this writ petition promise made by the respondents, which according to the petitioner, would cast an obligation on the respondents, is sought to be enforced. The facts lie in brief compass.

(2.) PETITIONER who claims to be permanent resident of the State had e plot of land measuring 4 kanals situated at Gugji Bagh estate, Narsingh Garh Srinagar which was granted to him by the State on leasehold basis for a period of 99 years. The aforesaid plot is said to have been resumed by the State Govt, for public purpose. Instead of using it for public purpose it was allotted to two individuals namely, Dr Haffiz Ulah and Mr. Trail. The arbitrary resumption of land from the petitioner and subsequent allotment to private individuals came to be challenged by the petitioner before the State High Court in writ petitition No. 106/1957. During the pendency of writ petition respondent No. 2 is said to have under the orders of the Revenue Minister informed the petitioners counsel, late Shri B. N. Nehru in writing dated 8 -10 -1957 that the writ petition filed by the petitioner in the High Court be withdrawn and in consequence whereof the land in question shall be resorted to th3 petitioner by withdrawing the order of resumption. This reflected by Annexure A to the petition. On this assurance the petitioners counsel is said to have moved en application in the High Court on 31 -10 -1957 seeking to withdraw the writ petition end he court granted permission in this regard. Copy of the application and the order of the court thereon dated 31 -10 -1957 permitting withdrawal of the petition is reflected by Annexure B to the petition.

(3.) PETITIONER further submits that the assurance extended to the petitioner in Annexure A was not implemented and the petitioner had moved from pillar to post to seek the implementation of the assurance. Petitioner is said to have made representation to the respondents either for restoration of the original plot of land or in the alternative for allotment of an plot of land equal in value and measurement in Jammu or in Srinagar. In 1981 petitioner was informed by the under Secretary to the Chief Minister that his application for releasing the land in his favour or for allotment of land in his favour was to be forwarded to the Commissioner Housing and Urban Development for examination and appropriate action under rules, He was asked that he should expect to hear from the said Commissioner directly. This is reflected by Annexure C to the writ petition. Petitioner is said to have made another representation on 21 -9 -1982 to the Chief Minister for releasing of plot in his favour or for allotting him a plot in the alternative. He is said to have used good offices of one Smt. Amarjeet Kaur, member Parliament 5 Meena Bagh, New Delhi. In response to his representation contained in Annexure D, if chief Minister on 24 -11 -1982 is said to have written to said Smt. Amarjeet Kaur that pending case of Shri Davinder Singh Jaswal was being finalized. The department will call Shri Jaswal very soon. This is reflected by Annexure E. Vide another letter the Chief Minister is said to have informed Smt. Amarjeet Kaur that the petitioners case had very little merit, therefore his grievance has not b3en redressed despite best efforts. The State Govt. is said to have been vested with right of resumption of land and allotment of alternative land is only a matter of favour. Smt. Amarjeet Kour was assured that -because of her personal intervention the matter of allotment of land to the petitioner in one of the housing colonies as and when the land is available shall be considered and the concerned Secretary is ask -3d to process the case for early orders. This is reflected by Annexure F