JAMMU DEVELOPMENT AUTHORITY Vs. BEANT KOUR
LAWS(J&K)-2020-2-35
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 10,2020

Jammu Development Authority Appellant
VERSUS
Beant Kour Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)The order dated 28th June, 2013 passed by the Joint Financial Commissioner (AR) with the powers of Financial Commissioner (Revenue), J&K, Jammu in Revision Petition, i.e., File No. 250/Jt./FC-AP titled Jammu Development Authority Vs. Smt. Beant Kour and others, is subject matter of challenge in this writ petition filed by the Jammu Development Authority. By virtue of impugned order, the Financial Commissioner (Revenue), Jammu has dismissed the Revision Petition filed by the petitioner and has upheld the order dated 08.06.2007 passed by the Divisional Commissioner, Jammu.
(2.)The case has a chequered history and, therefore, it would be necessary to briefly trace the course of events that have led to the filing of the instant petition. The petitioner is a statutory authority established under the Jammu and Kashmir Development Act, 1970 (hereinafter referred to as the Act of 1970). The petitioner is a body corporate and is empowered inter alia to acquire, hold and dispose of both moveable and immoveable properties. The allotment of land measuring 39 Kanals and 2 Marlas comprising Kh.No.328 min situated in village Channi Ramma, Jammu in favour of the respondent No.1 is the bone of contention between the petitioner and the respondent No.1. The petitioner claims that the land aforesaid is vested in it, and therefore, could not have been made subject matter of allotment in favour of the respondent No.1 by the Provincial Rehabilitation Officer, Jammu. The petitioner claims that Khasra No.328 of revenue village Channi Ramma, Tehsil Jammu is a big chunk of land measuring 432 Kanals and 11 Marlas and was originally the State land recorded as 'Mehkama Shikar-Gah'. Vide Government Order REV (NDJ) 46 of 1973 dated 28.01.1973, land measuring 274 Kanals and 11 Marlas out of the aforesaid land was transferred by the State/Nazool Department in favour of the petitioner authority. It is the allegation of the petitioner that respondent No.1 in connivance with PRO, Jammu got a chunk of land measuring 39 Kanals and 2 Marlas out of the land vested in the petitioner authority, allotted in her favour on the plea that her originally allotted evacuee land situated in village Gole Pattan and Chattha Gujjran, Tehsil Jammu had been washed away. This was done by the PRO, Jammu vide its order bearing No.658/92-93 dated 22.12.1992. The Jammu Development Authority, it is asserted, felt aggrieved of the allotment made in favour of the respondent No.1 and took up the matter with the PRO, Jammu. On being apprised that the allotted land was the land vested in the petitioner, the PRO, Jammu invoked suo moto powers of review and cancelled the allotment of the respondent No.1 vide its Order No. 250-54/93-94 dated 14.08.1993.
(3.)Aggrieved, the respondent No.1 challenged the order of cancellation of allotment in a Revision Petition filed before the J&K Special Tribunal, Jammu. The order of cancellation dated 14.08.1993 (supra) passed by the PRO, Jammu was set aside by the Tribunal vide its order dated 06.06.1996. The petitioner assailed the order of Tribunal in OWP No. 1072/1996 before this Court. The writ petition was disposed of by this Court vide its judgment dated 04.02.2000 and the direction was issued to the State/Revenue Department to earmark the area/land which had vested in the Jammu Development Authority. This court further held that any observation made by the Tribunal with regard to the ownership of the petitioner qua the land in question would not be taken as a final expression of opinion. Being not satisfied with the judgment of the learned Single Judge, the respondent No.1 filed Letters Patent Appeal bearing LPA(OW) No. 333/2000, which was later on dismissed by the Division Bench of this Court as withdrawn vide its judgment dated 06.05.2003. This way the judgment passed by the learned Single Judge of this Court on 04.02.2000 (supra) attained finality.
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