RAM RATTAN KHAJURIA Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HAVING failed to obtain the allotment of land measuring 513 sq. ft. which is said to be located adjacent to plot No. 16 owned by the petitioner, the petitioner has approached this court. He submits that as per the policy of the respondent-Jammu Development Authority, he is entitled to the allotment and further submits that in case it is not to be allotted to him, then this can also not be allotted to respondent No. 3. The facts in brief are as under :

(2.) THE petitioner submits that he is the owner of a residential plot No. 16. This allotment was made to him by the Jammu Development Authority. It is the case of the petitioner that on account of carving out of plots, some land remained unutilized. This land is in the nature of small strips. As per the petitioner, there is a strip of land measuring 513 sq.ft. The petitioner is claiming this land as per the policy of the respondent-authorities. It is stated that a decision has been taken by the Jammu Development Authority to allot adjacent strips of land to the owners whose land abuts on these strips. The Jammu Development Authority has, however, allotted this land in favour of respondent No. 3. It is this allotment which is said to be made in a secretive manner which is also being challenged in this writ petition. The basic arguments raised by the learned counsel for the petitioner are that :

(3.) RESPONDENT No. 3 has also filed objections. The stand taken by this respondent is similar to that adopted by the Jammu Development Authority. It is stated that no policy as projected by the petitioner exists. It is further stated that even if there is some policy, even then, the strip of land measuring 513 sq.ft. is not contiguous to the plot of the petitioner.