E-Paper
High Court quashes 8 allotments of JMC flats in Jammu’s posh Gandhi Nagar
The bench observed, “We have reached an un-escapable conclusion that impugned allotments are illegal and contrary to the principle of equality as enshrined in Article 14 of the Constitution of India.”
Acting upon a PIL, a division bench of the Jammu and Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal on Wednesday quashed eight allotments as well as consequential rent deeds made by the Jammu Municipal Corporation (JMC) in respect of municipal flats situated at posh Gandhi Nagar locality in Jammu city.
The bench observed, “We have reached an un-escapable conclusion that impugned allotments are illegal and contrary to the principle of equality as enshrined in Article 14 of the Constitution of India.”
The division bench directed the allottees to vacate the premises under their occupation within a period of six months from the date of this order.
The division bench also directed that so far as 587 municipal shops, 191 flats and 30 garages are concerned, the UT government and Municipal Corporation Jammu are directed to examine the individual cases and proceed in accordance with the law laid down by the apex court in numerous decisions mentioned in this judgment and take appropriate action within a period of six months, extendable by another period of six months only.
The beneficiaries of the JMC flats include Jeet Lal Gupta (IAS), former commissioner secretary, housing and urban development department; RS Jamwal (KAS) former joint commissioner of Jammu Municipal Corporation, Madan Mohan Khajuria, former PA to commissioner JMC; Narender Sharma president of an NGO ‘PEACE’; Surinder Kumar, PSO to former commissioner secretary housing and urban development department; two drivers Balbir Singh and Bharat Bhushan besides two others Chain Singh and Khairati Lal.
The PIL was filed by a practising lawyer Irtiza Mushtaq Salaria, who had challenged eight allotments of prime municipal flats situated at posh Gandhi Nagar area.
After hearing advocate Sheikh Shakeel Ahmed for the petitioner and senior AAG SS Nanda for the housing and urban development department, the division bench referred to several judgments of the apex court.
Advocate Sheikh Shakeel Ahmed vehemently argued that in absence of any policy, the Municipal Corporation has adopted a pick and choose a policy in allotting the flats and quarters to the blue-eyed persons and the Municipal assets being a public property could not have been distributed in a manner as has been done by the JMC.
“Rather the allotments were required to be made via auction only, so as to enable the wider participation of the common public in so far as allotments to private persons are concerned,” he argued.
He also vociferously argued that in the posh area of Gandhi Nagar, the JMC has allotted a flat to former commissioner secretary, Jeet Lal Gupta at a nominal rent of ₹990/- per month for a period of 40 years and similarly a cattle pond at Gandhi Nagar in Jammu was converted into flat after making a renovation and repair to the tune of ₹35 lakhs and thereafter it was allotted to former joint commissioner of JMC RS Jamwal at a modest rent.
The attention of the bench was also drawn towards 587 shops, 191 flats and 30 garages which have also been allotted in a fishy manner.
