Excelsior Correspondent
JAMMU, Oct 14: High Court today dismissed a petition filed by Pipleshwar Shiv Mandir Management Committee challenging allotment of land to Jammu Club by the Jammu Development Authority on the ground that the Minister Incharge Housing and Urban Development had the power to accord approval for allotment of land.
The petitioner was seeking quashment of Order No.VC/615-21/PS dated 04.12.2004 passed by the Vice Chairman, Jammu Development Authority whereby land measuring 4 kanals and 3 marlas was allotted in favour of Jammu Club for a premium amount of Rs 24,96,600.
The petitioner was also seeking quashing of Communication No.UD-113/2004-JDA dated 20.09.2004 issued by the Commissioner/Secretary to Government, Housing & Urban Development Department whereby the land was sought to be allotted to Jammu Club.
After hearing Senior Advocate KS Johal with Advocates Javid Iqbal and Amit Gupta for the petitioner whereas Senior AAG SS Nanda for the State and Senior Advocate U K Jalali with Advocate Shivani Jalali appearing for the Jammu Club, Justice Tashi Rabstan observed, “from the own admission of the management of temple it becomes clear that land-in-question was not in possession of temple authorities, rather the same was being a vacant land which was being used for dumping garbage etc”.
“Not only this, even one Shajju Ram, Trustee of the temple, while recording his statement, had deposed that the land-in-question was a vacant piece of land. Thus, it is clear that the land-in-question was not in possession of anyone, rather the same was a vacant JDA land”, Justice Rabstan observed, adding “the provisions of Jammu and Kashmir State Land (Vesting of Ownership of the Occupants) Act, 2004 are not attracted in the present case”.
“I am not convinced with the contention of counsel for petitioner that the Minister had no power to accord approval for allotment of the land-in-question in favour of Jammu Club, for the simple reason that the Minister concerned was also the Chairman of Jammu Development Authority and was competent enough to pass the order for allotment of land-in-question, of course subject to approval and confirmation by the Board”, High Court said while dismissing the petition.
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