JAMMU, July 22: It is a proved case that one officer alone cannot set right the system if team of others prefer not to do right things in the interest of public & same is in JDA as VC & Secretary, JDA are trying their level to set right the things but there are some black sheep in various sections, who are trying to play games as usual to damage the system & above all is STP & Revenue Sections?
However , High Court has quashed the order of cancellation of allotment of land by the Jammu Development Authority with the direction for regularization of the possession.
Petitioner Kamran Ali Khan through the medium of petition called in question the Order No. JDA/LS/40-42 dated 11.04.2012 whereby the land allotted and duly leased in favour of the petitioner has been cancelled without any cogent or valid reason.
The petitioner belonging to the Scheduled Tribe category had applied for the award of Retail Outlet Dealership of Bharat Petroleum Corporation Limited on 29.12.2004 and after qualifying the interview and fulfilling all the mandatory formalities and other prerequisites, the BPCL issued a Letter of Intent dated 08.08.2005 in favour of the petitioner wherein it proposed to offer its Retail Outlet Dealership at Circular Road, district Jammu in favour of the petitioner.
JDA while allotting the land in question in favour of the petitioner imposed certain conditions and pre-requisites upon the petitioner and the JDA after obtaining the payment for the complete cost of the land and other formalities, as envisaged in the allotment order, entered into a lease deed dated 30.04.2008, which was duly registered with the Sub-Registrar, Sub Judge, Jammu on 06.05.2008.
After hearing both the sides, Justice Wasim Sadiq Nargal observed,“the allotment made by the respondent department was on the basis of the decision taken by 66th Board of Directors Meeting which by no stretch of imagination could have been over-ruled by respondent authorities that too after a lapse of five long years on the basis of the same authority.
HC said that it goes without saying that the vested right had accrued in favour of the petitioner when the lease deed was executed in accordance with law and there has been no act of commission or omission on part of the petitioner to warrant the cancellation of the allotment already made.
HC added that careful examination of the show-cause notice reveals that same has been served by the respondents with a preconceived notion to cancel the allotment.
Court added that thus, the law of estoppel by conduct and acquiescence holds good against the respondents. On this count, the action of the respondents in issuing the impugned cancellation order cannot sustain the test of law.
High Court quashed the impugned order of cancellation, which is an offshoot of the show cause notice and directed the petitioner to keep the amount of Rs 36,76,471 in the account of respondent JDA within a period of two weeks.
HC ordered that subject to doing the same, the respondent-JDA is, accordingly, directed to regularize the possession in favour of the petitioner on the basis of allotment order issued way back in the year 2007, followed by the lease deed issued in the year 2008, in favour of the petitioner and the petitioner is at liberty to use the property in question
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