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Judgment
Rajesh Sekhri, J
Petitioners, being successful bidders of two JDA plots, pursuant to the auction notice, issued by the respondents, have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of mandamus commanding the respondents to finalise the auction of said plots falling under Khasra no. 1260, situate at Paloura Jammu by executing formal lease deeds in their favour.
Uncontroverted facts of the case are that an action notice came to be issued by respondent no. 3-Jammu Development Authority (JDA) for auction of JDA Land at various locations including strips No. 7 and 8 measuring 2.66 kanals and 4.53 kanals respectively situate at Paloura falling under Khasra No. 1260, whereby the minimum reserve price was respectively fixed for an amount of Rs. 1.4 lacs and 104.60 lacs subject to deposition of earnest money by the bidder. Pursuant to the said notice, petitioners applied for and participated in the bidding process. Petitioner no. 1 came to be declared as highest bidder for Strip no. 8 measuring 4.53 kanals and petitioner no. 2 was declared successful highest bidder for Strip no. 7 measuring 2.66 kanals. Consequently, letter of intents vide no. JDA/Strip/Paloura/83-88 dated 02.02.2019 came to be issued by respondent no. 3 in favour of the petitioners, pursuant to which, mode of payment of the payable bid amount was worked out and petitioners were directed to produce some documents. As per the letter of intents, formal allotment order was required to be issued in favour of the petitioners only on receipt of the entire payment of premium. Petitioners, accordingly, deposited the entire amount of premium by way of different demand drafts which stand enchased by respondent no. 3.
Allegation of the petitioners is that despite having been declared successful highest bidders, issuance of letter of intents in their favour and deposition of the entire payment of premium, which stands encashed, respondents are not issuing the formal allotment orders and executing lease deed in their favour. Petitioners also submitted the representation, but of no avail.
Petitioners have questioned the inaction on the part of the respondents primarily on the ground that since the grant of largesse is based on public policy and since they have deposited the entire premium amount, therefore, delay on the part of respondents to issue formal allotment order and execute lease deed and handover possession of the subject plots to them is violative of Article 14 of the Constitution of India.
Pertinently, the present petition has been admitted by the respondents on all material factual aspects. The petition has been resisted only on the ground that on the publication of auction notice regarding the subject plots, certain objections were submitted by the public and in order to redress the grievance of the public, a committee came to be constituted, vide No. JDA/PS/1526-33 dated 22.03.2018 with Director Land Management, Senior Town Planner, Divisional Town Planner, Senior Architect, Tehsildar Zone-A and Legal Assistant, JDA as its members. The Committee in its report vide No. JDA/DLM/HEA/1319 dated 28.03.2018 made following recommendations:-
“The site put to auction may be cancelled and shall only be put to auction after the issue of demarcation be resolved.”
On perusal of the aforesaid Committee report, respondent no. 2 made following observations in the file:-
“Ensure that our left out land has access and the common path is not put to auction. The tube well should also get some access. Not a single inch of JDA land should go waste. Out of the mapped area, road be earmarked and fresh measurement be got done to ensure that he is charged as per actual area.”
According to the respondents, subsequent to the aforesaid recommendation of the Committee and observation of respondent no. 2, letter of intent was issued after redrawing the map with revised layout plan of the auctioned land having approach road of 20 feet for both the plots measuring 2.66 kanals and 4.53 kanals in question in Khasra No. 1260. However, vide order No. Secy/JDA/PS/1115-18 dated 17.06.2020, another Committee came to be constituted with Collector Land Acquisition, JDA, Divisional Town Planner, JDA and Tehsildar, JDA as its members. The said Committee vide no. JDA/CLA/121 19.09.2020 submitted its report vide which the recommendations/observations of the previous committee constituted on 22.03.2018 were endorsed. It is clear stand of the respondents that it is only due to these facts that lease deed in favour of petitioners could not be executed till date.
It is evident from the objections filed by the respondents that pursuant to the recommendations of the Committee dated 28.03.2018 and observations of respondent no. 2, letter of intent in favour of the petitioners was issued only after fresh map with the revised layout plan with respect to the plots in question was redrawn. The subsequent Committee dated 19.09.2020 has also endorsed the recommendations/observations of the previous Committee dated 22.03.2018. A perusal of the record reveals that after preparation of the revised layout and redrawing 20 feet way upto the end of Khasra numbers in both the plots, the plots in question have been reconstituted as per latest revenue maps furnished by the revenue wing of the respondents. It also transpires that the site plans in triplicate as per approved layout plan have also been prepared in the name of the allottee and lease deeds duly signed by the parties also stand vetted by legal Section of the respondent way back on 08.05.2019 in favour of petitioner no. 1-Shasi Paul and on 06.05.2019 in favour of the petitioner no. 2-Vijay Kumar. Mr. Vikram Sharma, learned senior counsel appearing for the petitioners has stated at bar that petitioners otherwise have no objection, if 20 feet wide approach road is carved out from the plots in question.
Be that as it may, since petitioners have been declared successful highest bidders pursuant to the auction notice with respect to the plots in question and they have made the entire payment of premium after the letter of intent dated 02.02.2019 came to be issued in their favour, as such, petitioners cannot be deprived of their right to have the formal allotment orders issued in their favour and possession delivered to them. Record bears testimony to the fact that the entire premium amount has been enchased by respondent no. 3, therefore, delay on the part of the respondents to execute formal lease deed in favour of the petitioners is violative of Article 14 of the Constitution of India.
Hence, the present petition is allowed and respondents are directed to execute formal lease deeds in favour of the petitioners with respect to plots no. 7 and 8 measuring 2.66 kanals and 4.53 kanals falling under Khasra No. 1260 situate at Paloura Jammu and handover vacant possession of the plots to the petitioners.
Disposed of accordingly along with connected application(s)