The High Court has dismissed a petition challenging the Jammu Development Authority’s order cancelling allotment of shops as no legal basis had been raised in challenging the impugned order.
The JDA accepted the petitioners’ proposal and issued allotment orders to the petitioners for the shops in Paloura Phase 2. Although one petitioner paid the entire premium, the remaining petitioners failed to pay the premiums in a timely manner as per the terms and conditions of the allotment order.
Following this, the JDA issued an order cancelling its quota, which was challenged by the petitioners.
After hearing, Justice Wasim Sadiq Nargal said that as far as the petitioners’ plea to deposit the balance amount is concerned, it cannot be accepted at this stage as it is in violation of the terms and conditions of the allotment order. He also said that the petitioners admitted that due to unavoidable circumstances, they could not deposit the premium within the time limit in compliance with the terms and conditions of the allotment order, which they have not pleaded in this petition.
The High Court further added that the record shows that the respondents issued a fresh advertisement notice for re-auction of the shop in question which had been allotted to the petitioner and no specific challenge has been raised in the present petition against the said advertisement notice.
The petitioners have not raised or pleaded any legal basis to challenge the impugned order and in the absence of any such basis in the writ petition, the order is without merit and does not deserve dismissal and therefore, is untenable.
However, if JDA has not paid the amount to petitioner 1 within two weeks, then JDA must refund Rs.75,000 plus Rs.66,000 (less the deposit) to petitioner 1.
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