Excelsior Correspondent
JAMMU, Apr 28: High Court of Jammu & Kashmir and Ladakh has directed the Relief Organization to make allotment of shops constructed at Jagti migrant township to the petitioners by strictly following the laid down criteria and in case the allotment is not possible deposited amount should be refunded.
The direction has been passed while disposing of a petition filed by Piyaray Lal Pandita and others, who are migrants residing at Jagti township and were carrying on small scale business in the erstwhile campus.
In the petition, it was submitted that respondents invited applications from eligible persons and accordingly petitioners submitted their application forms for allotment of the shops, at Jagti. The respondents circulated notice showing the persons who applied for the allotment of shops and who have been found running shops in erstwhile campus.
The list of the eligible persons was prepared for allotment of shops which was circulated in campus as well as through leading newspaper calling upon general public to file objections, if any, about the names and none filed objections to the list.
Consequently, the respondents were supposed to make allotment of shops as per the notice dated 28.03.2016 but they did not take any further step for allotment of shops to the petitioners at Jagti for malafide and extraneous considerations.
After hearing Advocate P N Bhat for the petitioners and Deputy Advocate General Vishal Bharti for the respondents, Justice Wasim Sadiq Nargal observed, “in the light of the criteria for the allotment of shops, which is referred by the respondents in their objections, it is clear that the petitioners participated in the draw of lots and have fulfilled the criteria for allotment of shops, as such, the petitioners are found eligible and entitled for the shops in question”.
While disposing of the writ petition, Justice Nargal directed the respondents to verify the status of such applicants whose verification has not been done regarding their employment, whether they have been benefitted from the PM’s Employment Package or not, whether they have continued their profession or not and, accordingly, issue formal allotment order of the shops to the petitioners strictly in consonance with the decision taken by the committee which finds mention in the minutes of meeting held on 28.12.2022 regarding criteria of allotment of shops and communicated by respondent to Secretary to Government, Disaster Management, Relief, Rehabilitation and Reconstruction Department dated 15.03.2023 and also the criteria formed by the respondents.
“In case if such allotment is not possible, then the respondents should refund the deposited amount to such petitioners, who were not allotted shops in question pursuant to which they have deposited Rs 15,000 each”, Justice Nargal directed, adding “the entire exercise be carried on by the respondents within a period of two months from today”.
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