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Judgment
Sanjay Dhar, J
The petitioners have challenged the demand of payment of Rs.80,000/- less by Rs.15,000/- made by the respondents on account of premium for allotment of shop sites in Fruit and Vegetable Market at Kulgam.
It is the case of the petitioners that the respondent/department has acquired land measuring 39 kanals and 10 marlas for establishment of Fruit and Vegetable Market at Kulgam. The applications were invited by the respondent/department for allotment of shop sites to which 219 applicants responded. In order to accommodate all the applicants, additional land measuring 13 kanals and 10 marlas was purchased by the members of the petitioner Association and the same was donated by them to the respondent department. It appears that the respondent department had agreed to allot shop sites in favour of members of the petitioner association and it was decided by the respondent department to allot shop sites to all the allottees on payment of premium of Rs.80,000/- in four equal installments of Rs.20,000/- each.
It is the stand of the respondent department that members of the petitioner association made a representation for exemption from payment of three installments of Rs.20,000/- each i.e Rs.60,000/-, on the plea that they have donated the land for the shops in question. Upon consideration of the representation, the respondent department allowed exemption of Rs.15,000/- to the members of the petitioner association, but in spite of this the balance amount was not paid by them, as a result of which the allotment could not be made in their favour.
During the course of the hearing, learned counsel for the petitioners has submitted that members of petitioner association are ready to pay the full amount of premium i.e Rs.80,000/- less by Rs.15,000 in case allotment of shop sites is made in their favour within the time bound manner.
In view of the above, the writ petition is disposed of with a direction to the respondents that they shall allot shop sites in favour of the members of the petitioner association after their proper verification, provided they pay Rs.65,000 per shop site as premium to the respondents within a period of one month from today. The amount, if any already paid by the members of the petitioner association, shall be taken into account at the time of calculating the balance amount due. Upon receipt of the premium amount as indicated above, the respondents shall expeditiously make allotment of shop sites in favour of the members of the petitioner association, preferably within a period of eight weeks from the date full payment as indicated above is made by the members of the association.