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2025 DAILYLAW 5388 (JK)

RAGHBIR SINGH v. JAMMU DEVELOPMENT AUTHORITY TH VICE CHAIRMAN VIKAS BHAWAN RAIL HEAD COMPLEX JAMMU AND ANOTHER

WP(C)/3050/2024 · 2025-01-14

Moksha Khajuria Kazmi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3050/2024 CM No. 7538/2024 CM No. 136/2025 Raghbir Singh …..Appellant(s)/Petitioner(s) Through: Mr. Siddhant Gupta, Advocate vs Jammu Development Authority Th. Vice Chairman Vikas Bhawan Rail Head Complex Jammu and anr. .…. Respondent(s) Through: None Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 14.01.2025 1. In the instant petition, the petitioner is seeking direction upon the respondents to handover the physical and actual possession of Plot No. 53 ad-measuring 30’x60’ situated at Sector-8, EWS Colony, Roop Nagar, Jammu to the petitioner, which has been allotted to him by the respondents vide allotment letter No. JDA/EWS/RN/378-82 dated 02.05.2006. 2. It is stated that respondent No. 1 on rehabilitation basis, has allotted a plot bearing No. 53 ad-measuring 30’x60’ situated at Sector-8, EWS Colony, Roop Nagar, Jammu to the petitioner on 02.05.2006 vide communication bearing No. JDA/EWS/RN/378-82 at premium of Rs. 2,38,700/- . It is further stated that accordingly, on 06.10.2007, the petitioner, after the expiry of 90 days from the date of issuance of Serial No. 5 2 WP(C) No. 3050/2024 allotment notice, paid an amount of Rs. 50,000/- in the form of demand draft out of the total premium of Rs. 2,38,700/- to respondent No. 1 and the remaining amount of Rs. 1,88,700/- was further paid to respondent No. 1 on 03.05.2013. 3. Learned counsel for the petitioner states that despite the fact that total premium amount was duly paid to respondent No. 1 in the year 2013, till date, possession of the said plot has not been handed over to the petitioner. Learned counsel for the petitioner states that he will be satisfied in the event instant petition is disposed of with a direction to the respondents to handover the possession of Plot No. 53 ad- measuring 30’x60’ situated at Sector-8, EWS Colony, Roop Nagar, Jammu to the petitioner within reasonable period of time. 4. Be that as it may, the instant petition is disposed of with a direction to respondent No. 1 to consider the claim of the petitioner for handing over the physical and actual possession of Plot No. 53 ad-measuring 30’x60’ to the petitioner, within two months from the date of passing of this order, provided there is no legal impediment. 5. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 14.01.2025 Neha-II Whether the order is speaking: Yes Whether the order is reportable: No NEHA KUMARI 2025.01.14 16:57 I attest to the accuracy and integrity of this document