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HC dismisses petition challenging govt order cancelling allotment of plot under ‘victims of terrorism’ category

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Srinagar: The J&K High Court today dismissed a petition challenging a government order whereby allotment of land under the ‘victims of terrorism’ category was cancelled for the reason that another member of the family had sought allotment under the general category.

Hearing a petition by Ayesha Mehmood against the Srinagar Development Authority (SDA) order of 2010, Justice Wasim Sadiq Nargal found the plea devoid of merit and dismissed it accordingly.

The bench held that the challenge thrown by the petitioner to the allotment cancellation order under the category of “Innocent Victim of Terrorist Violence”, fails and order impugned dated 01.06.2010 is upheld.

It said “it is in tune with the policy guidelines and also in the light of the fact that the said order has culminated into issuance of fresh order of consideration bearing order No.224/SDA of 2022 dated 26.03.2022, whereby, the case of the petitioner and her brother Javed-ur-Rehman Sofi has been accorded consideration afresh pursuant to the decision of the auction committee meeting held on 7.3.2022”.

The committee decision has been gladly and voluntarily accepted by the petitioner and her brother, as no challenge has been thrown to the said order as on date, it said.

The specific case of the petitioner is that in 1991 her father fell victim to terrorist violence. In spite of the fact that the petitioner has deposited 90 percent of the cost of the residential plot allotted to the petitioner by the SDA, it has in an illegal and unlawful manner vide order dated 1.6.2010 have withdrawn the letter of intent issued in favour of the petitioner along with her brother and the said order is impugned in the instant petition, the petitioner’s counsel pleaded before the court.

The counsel further argued “both the petitioner and her brother have applied under two different categories which have been recognized in terms of the Advertisement Notice i.e “General Category” and “Families of Innocent Victim of Terrorist Violence and Law and Order Situation”.

The SDA says that after conducting the enquiry it was found that both the petitioner and her brother are registered as single ‘chulha’ (household) in the revenue records. Their plots were cancelled for swearing false affidavit and suppressing the material facts.

The matter was examined by the auction committee of SDA which in 2022 sanctioned allotment of plot No.76 of 40’x60’ size in Bemina Housing Colony Srinagar under MIG category in favour of the brother of the petitioner.

The decision has been gladly and voluntarily accepted by the brother of the petitioner and also the petitioner as no grouse has been raised against the said order, reveals the judgment.

“After having accepted the said order which is in the active knowledge of the petitioner and her brother and which is the subsequent development, the instant writ petition does not survive and accordingly deserves dismissal being not maintainable in light of what has already been discussed in the aforesaid order in conformity with the policy guidelines,” it said.

It observed “even otherwise also the object of the said policy is to rehabilitate such families, who do not own any plot/house in the city/town in which the allotment is sought and in case, the plea of the petitioner is accepted that both the members of the family having common chulha have independent right to seek allotment under different categories is accepted, the same will be in derogation with the mandate and spirit of the object laid down in the said policy”.

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