Gurmeet Kour v. The Union Territory of J and K Th Housing and Urban Devp Deptt and Ors

ORDER

14.05.2025

¶1The facts of the present case as set out in the writ petition are self-speaking that the petitioner is at least entitled to have the final words from the Jammu Development Authority with respect to her claim for regularization of plots No. 100 and 101 Sr. No. 15

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total measuring seventeen (17) marlas situated in Sector No. 7, Lane No. 8, Nanak Nagar, Jammu, having a residential house built thereupon in use and occupation of the petitioner in her own right and before her in use and occupation of her now deceased husband, who is said to have acquired the physical possession of the said two plots in the year 1990 from the then occupants.

¶2The petitioner has been approaching the Jammu Development Authority (JDA) for seeking regularization of the aforesaid two plots in accordance with the Govt. Order No. 150-UD of 1998 dated 02.04.1998 on the basis of which the regularization of the possession of the occupants of the Nanak Nagar locality came to be carried out but her plea on one pretext or the other was and is being deferred by the Jammu Development Authority.

¶3This writ petition is, thus, disposed of by directing the Vice Chairman, Jammu Development Authority (JDA) to consider the claim of the petitioner for regularization of two plots in reference on the touchstone of the parameters available at the end of the Jammu Development Authority in granting or refusing regularization of the plots of land in Nanak Nagar locality.

¶4Needful consideration on merits to be carried out by the Jammu Development Authority within a period of three

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months from today itself by affording full opportunity of hearing and representation to the petitioner.

¶5It is made clear that the directions passed in WPPIL No. 19/2011 shall not come in the way of the Jammu Development Authority in considering the case of the petitioner as the directions obtaining in WPPIL No. 19/2011are not meant to be applicable in cases relatable to the persons having residential house/s in regularized Nanak Nagar locality though existing upon the State land.

¶6The petitioner to appear before the Vice Chairman, Jammu Development Authority along with her supporting documents related to the plots in reference on 02.06.2025 at 10.30 AM.

¶7Connected application(s) also stands disposed of.

(RAHUL BHARTI) JUDGE JAMMU

14.05.2025

Naresh/Secy.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No.:- WP(C) No. 1186/2020 Gurmeet Kour, Age 65 years, W/o Late S. Jasbir Singh, R/o Plot No. 100-101, Sector-7, Lane No. 8, Nanak Nagar, Jammu. …..Petitioner(s) Through: Mr. Anirudh Sharma, Advocate. Vs 1. The Union Territory of Jammu & Kashmir Through its Commissioner/Secretary, Housing and Urban Development Department, Civil Secretariat, Jammu. 2. The Jammu Development Authority, Vikas Bhawan, Rail Head, Jammu Through its Chairman. 3. The Director, Land Mangement, Jammu Development Authority, Vikas Bhawan, Rail Head, Jammu. .…. Respondent(s) Through: Mr. S.S. Nanda, Sr. AAG for R-1. Mr. Adarsh Sharma, Adv. for R-2 and 3. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE