JDA can’t deny allotment, possession of plots to highest bidders after receipt of premium: HC

‘Delay is violation of Article 14 of Structure’

Mohinder Verma

JAMMU, Nov 29: Excessive Court docket of Jammu & Kashmir and Ladakh has held that Jammu Growth Authority (JDA) can’t deny allotment orders and possession of plots to the profitable highest bidders after receipt of total premium quantity and delay on this regard is violative of Article 14 of the Structure of India.
The bench of Justice Rajesh Sekhri was coping with petition titled Shasi Paul and One other Versus UT of J&Okay and Others. The petitioners, being profitable bidders of JDA plots pursuant to the public sale discover issued by the respondents, invoked writ jurisdiction of courtroom underneath Article 226 of the Structure of India for issuance of instructions to the respondents to finalize the public sale of plots falling underneath Khasra No. 1260 located at Paloura by executing formal lease deeds of their favour.
As per the details of the case, an motion discover got here to be issued by Jammu Growth Authority for public sale of land at numerous areas together with Strips No. 7 and eight measuring 2.66 kanals and 4.53 kanals respectively located at Paloura falling underneath Khasra No. 1260.
Pursuant to the discover, petitioners utilized for and took part within the bidding course of. Whereas one petitioner got here to be declared as highest bidder for Strip No. 8 measuring 4.53 kanals, the second petitioner was declared profitable highest bidder for Strip No. 7 measuring 2.66 kanals.
Consequently, letter of intents vide No. JDA/Strip/Paloura/83-88 dated 02.02.2019 have been issued by JDA in favour of the petitioners, pursuant to which, mode of fee of the payable bid quantity was labored out and petitioners have been directed to provide some paperwork. As per the letter of intents, formal allotment order was required to be issued in favour of the petitioners solely on receipt of all the fee of premium. Petitioners, accordingly, deposited all the quantity of premium by the use of totally different demand drafts which stand en-cashed by JDA.
The petitioners submitted that regardless of having been declared profitable highest bidders, issuance of letter of intents of their favour and deposition of all the fee of premium, which stands en-cashed, JDA is just not issuing the formal allotment orders and executing lease deed of their favour. The petitioners even submitted the illustration to JDA however of no avail.
The petitioners questioned the inaction on the a part of JDA totally on the bottom that because the grant of largesse relies on public coverage and since they’ve deposited all the premium quantity, subsequently, delay on the a part of JDA to subject formal allotment order and execute lease deed and handover possession of the plots to them is violative of Article 14 of the Structure of India.
Nevertheless, the respondents resisted the petition on the bottom that on the publication of public sale discover relating to the plots, sure objections have been submitted by the general public and so as to redress the grievance of the general public, a committee was constituted which beneficial that the location put to public sale could also be cancelled and shall solely be put to public sale after the problem of demarcation be resolved.
After listening to each the edges, Justice Rajesh Sekhri noticed, “since petitioners have been declared profitable highest bidders pursuant to the public sale discover with respect to the plots in query they usually have made all the fee of premium after the letter of intent dated 02.02.2019 got here to be issued of their favour, as such, they can’t be disadvantaged of their proper to have the formal allotment orders issued of their favour and possession delivered to them”.
“Document bears testimony to the truth that all the premium quantity has been en-cashed by JDA, subsequently, delay on the a part of the respondents to execute formal lease deed in favour of the petitioners is violative of Article 14 of the Structure of India”, Excessive Court docket stated.
Accordingly, Excessive Court docket directed the respondents to execute formal lease deeds in favour of the petitioners and handover vacant possession of the plots to them.
It’s pertinent to say right here that there are a number of different individuals who’ve additionally been denied allotment and possession of plots even after fee of premium quantity. Two amongst them are Sudesh Gupta, the profitable highest bidder for Strip No.6 at Paloura and Vivek Gupta, profitable highest bidder for Strip No.23 at Deeli.