JAMMU: In a petition filed by Raj Kumari seeking a direction to the respondents for providing basic amenities and facilities in Bantalab Housing Colony, Phase-1, Jammu.
Justice Tashi Rabstan of J&k High Court Jammu Wing after hearing Sr. Adv Sunil Sethi for the petitioner whereas Adv Adarsh Sharma appearing for the JDA directed VC JDA and XEN JDA to provide all basic infrastructural facilities like water, electricity, roads etc. to the petitioner and other inhabitants of Bantalab Housing Colony, Phase-1, Jammu, positively within a period of two months from today and file the compliance report supported by necessary documents/photographs before the Registrar Judicial of this Court.
While directing JDA, High Court observed that It is very strange and shocking that the land belonged to JDA; it is JDA who developed the same into a housing colony, then put the land of housing colony to auction on lease basis and put the money/usufruct of the land in its own pocket, but when it comes to providing of infrastructural facilities like water, electricity, roads etc. within the colony, the JDA backtracked the same with the plea that it is the job of PHE, PDD, PWD and other departments, thus leaving the petitioner and other inhabitants of the colony in air without these basic necessities of life. Once the JDA did not provide funds to these departments for providing basic infrastructural facilities in the housing colony belonging to it, how could these departments provide the basic amenities to the inhabitants of the colony in absence of funds? It seems the Chairman and other higher authorities of the JDA have adopted a total negligent and lackluster approach in providing basic infrastructural facilities to the inhabitants of the colony and leaving them to lead a miserable life despite the fact that they had taken huge amount by auctioning the land of the colony on lease basis without caring how the petitioner and other inhabitants of the colony would have been residing in absence of basic infrastructural facilities like water, electricity, roads etc. since 1999 to till today.
Justice Tashi Rabstan further observed that Since the petitioner has been forced to lead a miserable life for so many years without providing basic infrastructural facilities by the JDA right from 1999 to till today despite taking full bid money from her, the JDA is burdened with costs of rupees fifty thousands, to be deposited by it in the Registry of this Court within a period of two months from today. Further, as per the stand of Power Development Department, in absence of providing funds by the JDA, the petitioner had to pay from her own pocket for laying of LT extension for supply of power at her residence, which was worked out as Rs.4,653/- and directed JDA to pay the said amount to the petitioner along with 6% interest with effect from 28.02.2000 till the date of its final realization. On deposit of Rs.50,000/- along with Rs.4,653/- with interest, the same shall be released in favour of petitioner after proper verification and identification. It is made clear that in case respondents to deposit the aforementioned amount or do not file the compliance report, as directed, within a period of two months from today, Registrar (Judicial) is directed to frame a separate robkar against them and list the same before the Court for appropriate orders.