RAHUL PANT Vs. STATE

JUDGEMENT

(1.) ALLOTMENTS for 31 Shops/Halls situated at Bahu Plaza Complex, Jammu, made by the Jammu Development Authority were found to have been made without following the procedure of Open Auction. The Jammu and Kashmir Government, in exercise of power, under Section 37 of the Jammu and Kashmir Development Act, 1970, hereinafter to be referred as "the Act", therefore, issued directions vide Government Order No. 1126 -GAD of 1997 dated 22.09.2007 to the Jammu Development Authority to cancel the allotments and take appropriate steps for restoration of the property.

(2.) THE Government Order aforementioned has been questioned in all these writ petitions which, taken up for joint consideration, are being disposed of by this judgment.

(3.) JUSTIFYING the allotments of the Shops/Halls made in their favour, the petitioners have, inter alia, pleaded that the Government Order impugned in the writ petitions, canceling their allotments, was illegal and unwarranted, in that, it had been issued without complying with the statutory requirement of issuing notice to them, in terms of the Proviso to Section 37 of the Act, before issuing directions which affect their rights, And that the State Government had initiated action directing cancellation of the allotments, on the basis of truncated information which the Vice Chairman of the Jammu Development Authority, hereinafter to be referred as "the Authority", had supplied to it. It is stated that the decision taken by the Board of Directors of the Authority in its 65th meeting providing for its earlier Board Resolution for making the allotment of Shops/Halls on First Come First Served, basis, to remain operational until all the Shops/Halls were allotted, had not been brought to the notice of the Government by the Vice Chairman of the Authority.