STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan of J and K High Court Jammu Wing held that Minister had power to accord approval of allotment of JDA land as he is also chairman of JDA while taking up a land dispute between Pipleshwar Mandir and Jammu Club. While dismissing the petition of Pipleshwer Shiv Mandir Management Committee in which petitioner sought quashing of Order No.VC/615-21/PS dated 4th December, 2004 passed by the Vice Chairman, Jammu Development Authority, whereby land measuring 4 Kanals 3 Marlas and 178 sq. ft. came to be allotted in favour of Jammu Club, for a premium of Rs 24,96,600.
The petitioner also sought quashing of communication No.UD-113/2004-JDA dated 20th September, 2004 issued by the Commissioner/Secretary to Government, Housing and Urban Development Department, whereby the said land has been sought to be allotted to Jammu Club.
Justice Tashi Rabstan after hearing Senior Advocate K.S Johal with Advocates Javid Iqbal and Amit Gupta for the petitioner whereas Senior AAG S.S Nanda for the state whereas Senior Advocate U.K Jalali with Advocate Shivani Jalali appearing for the Jammu Club observed that from its own admission of the management of temple, it clearly reveals that the 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 on 4th December, 1996, 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; therefore, the provisions of Jammu and Kashmir State Land (Vesting of Ownership of the Occupants) Act, 2004 are not attracted in the present case.
Court further observed that “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.” With these observations Court dismissed the petition.”
