KRANTI GHOSH Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A piece of land measuring 38600 sq. feet located at Railway Head Complex was offered to the prospective purchasers in an open auction to be conducted by the Jammu Development Authority (hereinafter as referred to as Development Authority). Petitioner took part in the process. He was the highest bidder. His bid was accepted. He was directed to deposit 1/4 of the amount. Remaining amount was to be deposited in three instalments. Petitioner obtained possession of the site. He started the construction process in the year 1986. There is no dispute so far as this auction and obtaining possession of the land referred to above to the petitioner is concerned.

(2.) What led the petitioner to file this petition was alleged denial of some promise said to have been extended to himsubmits that the Development Authority assured the petitioner that adjoining plot measuring 4.5. kanals would also be allotted to him for Hotel purposes. It is stated that the site in question is ideally meant for the above purpose. Proximity to Railway Station existence of other hotel buildings is being projected in this regard. According to the petitioner he came in possession of this site ten years back. As to how he entered in possession is not clear. As the petitioner was unable to get a formal letter of allotment in his favour, he is said to have represented to the then Chief Minister of the State. His application is said to have been processed.

(3.) It appears that the land in dispute measuring4-5. kanals was meant for cinema site. As construction of cinema site was not permissible, the respondent authorities expressed a tentative opinion that this site can be used for hotel purpose. The matter was examined by Vice Chairman of Jammu Development Authority. Proposal was brought before Jammu Development Authority for allowing 4-5 kanals of land for construction of Moderate Hotel. It was suggested that the site should be disposed of by open auction. There is, however, absolutely no suggestion any where that site in question was ever to be allotted to the petitioner.