The High Court of Jammu & Kashmir and Ladakh has unequivocally determined that the Jammu Development Authority (JDA) is impermissibly contravening constitutional principles by withholding allotment orders and possession of plots from the highest bidders who have duly remitted the entire premium amount. Despite fulfilling all requirements, the JDA refrained from issuing formal allotment orders and executing lease deeds, prompting the petitioners to submit representations that went unanswered. The JDA countered by citing objections raised by the public upon the publication of the auction notice. A committee was formed to address these concerns, recommending the cancellation of the auctioned site until demarcation issues were resolved. However, the court held that any delay in this process is in direct violation of Article 14 of the Constitution of India.
This legal episode once again lays bare the glaringly unprofessional approach of the Jammu Development Authority. Despite being entrusted with the pivotal responsibility of transforming Jammu into an ultra-modern city, the JDA has consistently fallen short of its mandate. Jammu, grappling with an unprecedented surge in population due to migration, its status as the winter capital, a burgeoning business hub, and its strategic proximity to other states, presents a myriad of opportunities for planned urban development. Regrettably, the JDA has failed to seize upon these opportunities, resulting in the haphazard proliferation of unauthorised colonies bereft of basic amenities such as roads, water connections, hospitals, and proper market spaces. The absence of meticulously planned colonies has forced residents to resort to private developments. Furthermore, the exorbitant premium prices demanded by the JDA for both commercial and residential properties have raised serious concerns. The repeated issuance of auction notices for the Bahu Plaza commercial complex and JDA Bus Stand, juxtaposed with the apparent inability of the JDA to effectively market its completed projects, underscores a systemic flaw in the planning and execution by the JDA. The failure to operationalize a business hub in the heart of the city constitutes a profound missed opportunity, resulting in the entrapment of hundreds of crores from the public treasury in this colossal project. A continued reliance on the old bus stand by bus operators has exacerbated the situation for shopkeepers, who find themselves compelled to continue vending at the outdated facility. The unabated operation of services from the old bus stand underscores a marked lack of concern and accountability in addressing this protracted issue.
Legal entanglements have become a recurrent theme for the JDA, with the present case merely exemplifying a pattern where the authority fails to deliver possession of auctioned plots. Instances from the past reveal a disconcerting trend where auctioned plots were unlawfully occupied by third parties. Despite repeated endeavours by the JDA to reclaim these plots, the authority found itself unsuccessful. This has left working-class individuals, who invested their hard-earned savings with the aspiration of building their homes, in protracted states of uncertainty and disillusionment. A thorough investigation is warranted to scrutinise how the JDA consistently auctions plots on land it does not physically possess, exposing serious lapses that demand immediate rectification. Such incidents cast a dark shadow over the professional approach of the JDA, undermining the trust of the people of Jammu in this vital development agency. In the broader context of the Government’s concerted efforts to reclaim illegally occupied state land, the delayed and convoluted processes employed by the JDA are incongruous and demand urgent attention. However, higher authorities must scrutinise the systemic deficiencies within the JDA promptly and implement remedial measures to uphold its professional standing. The imperative goal of transforming Jammu into a Smart City necessitates a comprehensive and expeditious resolution of all such issues grappling the JDA.
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