J&K HC quashes JMC allotments made in posh areas

Jammu, April 28 (SocialNews.XYZ) Jammu and Kashmir High Court on Wednesday quashed allotments of nine quarters by Jammu Municipal Corporation (JMC) made from the year 1993 till 2015 at posh Gandhi Nagar area in the winter capital Jammu.

A division bench of Chief Justice Pankaj Mithal and Justice Rajnesh Oswal quashed the allotments made mostly in favour of the Corporation's officials, observing that allotments made are illegal and contrary to principle of equality.

"The allotments as well as consequential rent deeds/rent agreements made in favour of the respondents are quashed," the court said and directed the allottees to vacate the premises within a period of six months.

So far as other Municipal shops, flats and garages are concerned, the court directed the authorities to examine the individual cases and proceed in accordance with the law laid down by the Supreme Court in numerous decisions and take appropriate actions within a period of six months extendable by another period of six months only.

"It is evident from the record produced by the respondents (officials) that allotments were made to JMC officers, other Government servants and the private persons just on their asking and there was no policy for the allotment of the flats/quarters.

"No advertisement was ever issued for the purpose of inviting applications for allotment of flats/quarters so as to enable other eligible persons to participate in the allotment process.

"The assets being public property could not have been allotted in a manner as has been done in an arbitrary and opaque manner," the court observed.

Source: IANS