HC directs CS to file affidavit showing any Govt order vesting ownership rights of land in favour of respondent
STATE TIMES NEWS
JAMMU: In a significant order, Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court directed Chief Secretary, Govt of UT of J&K to submit an affidavit showing is there any Govt. order vide which ownership rights were vested in favour of respondent namely Amrit Malhotra with respect to 25 Kanals 5 Marlas 25 Sq ft of land under Khasra no. 325, Chand Nagar, Jammu. It was further asked whether respondent deposited money in terms of Govt Order no Rev (NDJ) 320 of 1985 dated 07.10.1985, and if yes, how much and in terms of which consequent order. The affidavit to be filed by the Chief Secretary, Govt. of UT of J&K shall be accompanied with the record of file related to Govt. Order no. Rev (NDJ) 320 of 1985 dated 07.10.1985.
Court further directed that affidavit to this effect be filed by the Chief Secretary, Govt. of UT of J&K within a period of one month. This significant order has been passed in a petition filed by Shiv Devi. When the petition came-up for hearing, Justice Rahul Bharti observed that in terms of Government Order no. Rev (NDJ) 320 of 1985 dated 07.10.1985, respondent Amrit Malhotra, son of Late Hans Kumar Malhotra, resident of Vir Marg, Jammu came to be granted lease of 25 Kanals 5 Marlas and 25 Sq ft land covered by Khasra no. 325 situated at Chand Nagar on a payment to be determined by the Deputy Commissioner, Jammu.
Justice Rahul Bharti observed that this Court is left wondering as to whether at first instance vide which Govt order, the ownership rights were ever vested by the Government of Jammu and Kashmir in favour of Amrit Malhotra for enabling him to assume and act himself as an owner so as to indulge in permanent transfer and alienation of the entire said land or whether any Govt. sanction/consent was ever accorded/recorded in favour of Amrit Malhotra to alienate the lease hold rights of the entire parcel of land in the manner in which he came to alienate the same.