PRITAM SINGH OBEROI Vs. STATE OF JK

JUDGEMENT

(1.) Petitioner claims to have come in possession of Plot No. 56 at Housing Colony Rawalpora, Srinagar, on the declaration made by his uncle, namely, Late Sardar Hardev Singh Oberoi S/o S. Partap Singh Oberio, in the shape of gift deed, registered in the Court of Sub Registrar, Srinagar on 09.01.1975, which is recorded in the revenue records by attestation of mutation. The grievance of the petitioner is that the allotment of Plot No. 56 was in the size of 100 x 50 sq ft, which in total come to in 5000 sq ft but at the time of handing over of possession of the said plot, it was noticed there is alignment problem, therefore, allotees of Plot Nos. 55, 56, 57 and 58 had agreed for retaining possession of 4694 sq ft, instead of 5000 sq ft and the other plot (No. 54) became a triangular plot of non-standard dimensions unfit for use since plot Nos. 55, 56, 57 and 58 were also not coming to 5000 sq ft each, therefore, on the proposal of Housing Board, as approved by the Town Planner, Plot No. 54 was canceled and the plot Nos. 55, 56, 57 and 58 were realigned, which realignment were reduced to 4694 sq ft from 5000 sq ft each plot and the Housing Board agreed for reimbursement of the balance of 306.

(2.) The grievance of the petitioner is that out of allotted size of plot (5000 sq ft), he is actually in possession of 4757 sq ft and there is shortfall of 243 sq ft, which position is admitted by the respondent-Housing Board. Now the question is that, as to why, the Housing board is not ensuring restoration of shortfall of the plot size in favour of the petitioner and reimbursing the balance amount for 306 sq ft.

(3.) When asked, Mr Syed Sajad Geelani, learned counsel appearing for the Respondent-Housing Board submits that physical status indicates the shortfall of 243 sq ft, which as stated is encroached by Plot holder No. 57.