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2026 DAILYLAW 710 (JK)

PRAKASH SHARMA AND OTHERS v. VICE CHAIRMAN JAMMU DEVELOPMENT AUTHORITY AND OTHERS

WP(C)/1030/2026 · 2026-04-18

Moksha Khajuria Kazmi

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1030/2026 Pronounced on : 18.04.2026 Uploaded on : 20.04.2026 Prakash Sharma & Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Sumir Pandita, Advocate v/s Vice Chairman JDA & Ors. .....Respondent(s) Through :- Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 1. By this petition, petitioners herein are seeking a direction upon the respondents to execute the lease deeds in respect of the shops allotted to them, in accordance with law, with a further direction to the respondents not to disturb their peaceful possession and existing status with respect to the allotted shops. 2. Learned counsel appearing on behalf of the petitioners, while relying upon the judgments passed in OWP No. 743/2015 decided on 08.02.2017 and OWP No. 834/2018 decided on 09.05.2018, states that the respondents be directed to assess and collect the premium/rent from the petitioners at the prevailing market rates, strictly in compliance with the judgments (supra). 3. Mr. Atul Verma, learned counsel appearing on behalf of the JDA states that the respondents have already taken a decision in terms of judgment dated 09.05.2018 passed in OWP No. 834/2018 and finalized the claims of the petitioners, which have been referred for Sr. No. 107 2 WP (C) No. 1030/2026 administrative approval before the Chairman of the Board, however, the decision of the Board is still awaited. 4. Mr. Verma, appearing on behalf of the respondents, further states that as soon as the decision would be taken by the competent authority, the petitioners would be conveyed the same with respect to their claim, strictly in consonance with the judgment dated 09.05.2018 (supra). He further assures this Court that till the decision is pending, the respondents would not disturb the peaceful possession of the petitioners with respect to the subject matter of this writ petition. 5. In view of the statement made hereinabove, the instant petition is disposed of, with a direction to the respondents to decide the claim of the petitioners within a period of one month from the date of passing of this order, strictly in compliance with the judgment dated 09.05.2018 passed in OWP No. 834/2018 and the same be conveyed to the petitioners within a period of one week, thereafter. However, till the decision is taken by the competent authority, the respondents are directed not to disturb the present status of the petitioners. (Moksha Khajuria Kazmi) Judge JAMMU 18.04.2026 Manan Whether the order is speaking : Yes Whether the order is reportable : No