Sr. No. 11 HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT JAMMU WP(C ) No. 341/2025 CM No. 740/2025 Satbir Singh and ors. …. Petitioner(s) Through:- Mr Y.E Tak, Advocate V/s UT of J&K and ors. …..Respondent(s) Through:- Mr. Mayank Gupta, Advocate CORAM : HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 17.02.2025 1. In the instant petition, the petitioners herein are seeking a direction upon respondent No. 1 to take a decision within a stipulated period of time in terms of judgment dated 26.11.2015 passed in LPA(OW) No. 88/2005 titled Rotary Bhawan Society Vs. Sunil Gupta and ors.. He is also seeking a direction upon the official respondent Nos. 1, 2 & 4 not to extent the lease deed pertaining to Rotary Bhawan, Gandhi Nagar, Jammu with a further direction upon the official respondents to remove the encroachments raised by the respondents by encroaching upon the land of the park in excess of what was allotted to them and have also not developed the children park in which the Chowkidar Quarter has also been constructed, in violation of the allotment order. 2. It is stated that the residents of A/D Block, Gandhi Nagar, Jamu have made an association namely Park No. 1 Welfare Association. Vide Government order No. 292-UD of 1980 dated 22.04.1980, land measuring 3000 sq. feet was leased in favour of respondent 2 WP(C ) No. 341/2025 No. 6. After allotment of said land, the respondent Nos. 6 & 7 constructed a double height building measuring 3750 sq. ft. including verandha. It is stated by learned counsel for the petitioners that in terms of Allotment Order, the respondents were under an obligation to develop and maintain the piece of land measuring 19,5000 sq. ft into a Children Recreation Centre but the respondent Nos. 6 & 7 converted the said land into a double height building measuring 3750 sq. ft. It is stated that one of the respondents namely Sunil Gupta has filed a writ petition bearing OWP No. 988/1998 titled Sunil Gupta Vs. State of J&K and ors. which was disposed of on 09.11.2004 . The relevant portion of the order is as under:- “Accordingly, I dispose of the writ petition by directing respondent No. 2 not to use the Rotary Bhavan (Community Hall) for the purpose of holding marriage parties/receptions/kirtans or serving liquor or allied activities. Respondent No. 2, however, shall be at liberty to use the Rotary Bhavan for holding of club meetins, conferences, and even for uthalas and other activities of the Club, for which the Club has been formed. The park, adjacent to the Community Hall, shall be maintained by the Club that was a part of condition for allotment of the land, and the same would be used as a Children Park without any interference from petitioner or any resident of the locality” 3. The said order was challenged by respondent No. 1 by filing LPA(OW) No. 88/2005 and was disposed of vide order dated 26.11.2015. The relevant portion of the order dated 26.11.2005 is as under:- 10. It is to be noted at this juncture that the allotment order was issued in the year 1980. The 1st respondent kept quiet for 18 years and is raising the objection only in the year 1998. Even after filing of the writ petition 17 years have passed. The total period of lease granted to the appellant is for 40 years and said period will expire in the year 2020. In such circumstances, the appellant is allowed to use the building as permitted by the learned Single Judge in terms of the allotment order issued in 3 WP(C ) No. 341/2025 the year 1980. On expiry of the period of lease, it is open to the 2nd respondent to decide as to whether it is possible to revise the lease for further period in the light of the objections raised by the 1st respondent, that the Rotary Bhavan is causing nuisance to the residents of the area and building constructed is bound to be demolished as it was allowed to be constructed in violation of the Master Plan. 11. The appeal is dismissed with above liberty to respondent Nos. 2 and 3. 12. In view of the dismissal of the appeal cross appeal No. 1/2008 is also disposed of.“” 13. In terms of the order passed by the Division Bench, respondent No. 1 was under obligation to decide as to whether the lease which was granted in favour of the petitioner had to be revised for further period in the light of the objections being raised by respondent No. 1 namely Sunil Gupta (respondent therein) or the Rotary Bhavan which is causing nuisance to the residents of the area, building constructed is bound to be demolished as the same was allowed to be constructed in violation of the Master Plan. 14. Learned counsel for the petitioners has vehemently argued that the order passed by the Division Bench dated 26.11.2015 has not been implemented by respondent No. 1 (Chief Secretary) till date. The petitioners have time and again made representations before the respondents but till date, no heed has been paid to the repeated representations being made by the petitioners. 15. It is further stated that legal notice was also served upon respondent No. 1 which is annexed with the writ petition but no action has been taken in terms of the judgment passed on 26.11.2015. 16. Learned counsel for the petitioners states that the petitioners would feel satisfied if this petition is disposed of with a direction to the respondent No. 1/Chief Secretary to take a decision within a stipulated time in terms of order/judgment passed in LPAOW No. 4 WP(C ) No. 341/2025 88/2005 titled Rotary Bhawan Society Jammu Vs. Sunil Gupta and ors. 17. Ms. Chetna Manhas, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG on behalf of respondent No. 1, Mr. S.S Nanda, learned Sr. AAG appearing for respondent No. 2 and Mr. Mayank Gupta, Advocate appearing on behalf of respondent No. 5 state that they are not averse to the proposition being made by learned counsel for the petitioners. 18. Be that as it may, the instant petition is disposed of with a direction to respondent No. 1 to take a decision within a period of four weeks in terms of the judgment dated 26.11.2015 passed in LPAOW No. 88/2005 titled Rotary Bhawan Society, Jammu Vs. Sunil Gupta and ors. from the date, a copy of this order along with writ petition and its annexures are served upon respondent No. 1. 19. Disposed of. (Moksha Khajuria Kazmi) Judge JAMMU 17.02.2025 Tarun/PS