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2016 DIGILAW 369 (JK)

Raj Kumari v. Jammu Development Authority

2016-07-18

TASHI RABSTAN

body2016
JUDGMENT : Tashi Rabstan, J. 1. Through the medium of this writ petition, the petitioner is seeking a direction to the respondents for providing basic amenities and facilities in Bantalab Housing Colony, Phase-1, Jammu. The facts-in-short are that the petitioner was allotted Plot No. 93, measuring 40'W80' in Bantalab Housing Colony, Phase-1 by the Jammu Development Authority, Respondent No. 1 herein, on 25.03.2000 on the basis of highest bid with the understanding that all the basic amenities like water, electricity, road etc. will be made available by Respondent No. 1. It is averred that the consideration of plot also included the charges for providing basic amenities. It is averred that the petitioner thereafter raised the residential accommodation on the said plot of land after taking loan from the State Bank of India to the tune of Rs. 3.50 lacs. Further, it is averred that when she started the construction of house, she found that neither there was regular supply of water or electricity nor properly laid road or other basic amenities of life, even she had to pay from her own pocket as laying out cost for bringing the electricity to her plot, despite the fact that the housing colony in which the plot was allotted to her is a Government housing colony. Thus, it is contended that the petitioner has been forced to live a miserable life for want of basic/proper amenities of life. It is contended that the petitioner approached the concerned authorities a number of times and also brought the matter to their notice, but of no avail. Hence, the present writ petition. 2. Objections have been filed on behalf of Jammu Development Authority. It is averred that before issuance of Govt. Order No. 199-HD/GR of 1991, dated 20.09.1991, the infrastructural facilities like water, electricity etc. in the Housing Colonies being developed by the Jammu Development Authority were being provided by the Line Departments of PHE and PDD at their cost and the same was not being charged from the allottees nor loaded into the cost of the plots. However, after the issuance of aforesaid order in 1991, the cost for providing these infrastructural facilities within the colonies is being loaded into the cost of the plots and, as such, the authority that develops the colonies is supposed to provide such facilities within the colonies to the residents of those colonies. However, after the issuance of aforesaid order in 1991, the cost for providing these infrastructural facilities within the colonies is being loaded into the cost of the plots and, as such, the authority that develops the colonies is supposed to provide such facilities within the colonies to the residents of those colonies. Further, it is averred that since Bantalab Housing Colony, Phase-1 was developed before 1991 and the cost of providing such facilities like water and electricity was not loaded in the plots allotted in favour of residents of that colony, Jammu Development Authority is not under any obligation to provide such facilities to the residents of the colony. 3. In the objections filed by the Power Development Department, it is averred that the colony-in-question has been developed by the JDA, so it is JDA who has to provide all the basic amenities, viz., roads, water and power to the people living in the area and to whom the plots have been allotted. Further, it is averred that since the JDA did not provide funds to the department for laying the infrastructure for supply of the power and as the house of petitioner was located at an isolated place, the concerned authority of Power Development Department asked the petitioner that the Department was ready to provide electricity facility to the petitioner, if she bears the cost of LT extension which had been worked out as Rs. 6,653/-. It is further averred that since the petitioner had herself borne the charges of labour etc., only Rs. 693/- were charged from the petitioner vide G.R. No. 0826782, dated 28.02.2000 as supervision charges. 4. Objections have also been filed by the Public Works Department. It is averred that since the colony-in-question belongs to the JDA, it is JDA which had to provide infrastructural facilities to the inhabitants of the colony including construction of road network. Further, it is averred that the plot of petitioner does not fall within the jurisdiction of Public Works Department. 5. Heard learned counsel appearing for the parties and perused the file. In my view the writ petition deserves to be allowed on many counts. 6. Admittedly, Bantalab Housing Colony, Phase-1 was development by the Jammu Development Authority and Plot No. 93, whereof was allotted to the petitioner being the highest bidder. 5. Heard learned counsel appearing for the parties and perused the file. In my view the writ petition deserves to be allowed on many counts. 6. Admittedly, Bantalab Housing Colony, Phase-1 was development by the Jammu Development Authority and Plot No. 93, whereof was allotted to the petitioner being the highest bidder. Since the colony-in-question was developed by the JDA and had taken money from the allottees in lieu of allotment of plots, so it is the JDA who was under legal obligation to provide all basic infrastructural facilities including water, electricity, roads etc. to the inhabitants of the Colony. 7. Further, as per stand of JDA itself, after the issuance of order dated 20.09.1991, the cost for providing infrastructural facilities like water, electricity, roads etc. within the colonies is being loaded into the cost of the plots and, as such, the authority who develops the colonies is supposed to provide such facilities within the colonies to the residents of those colonies. The documents annexed with the writ record shows that the JDA issued the notice in 1999 inviting applications for allotment of residential plots in Bantalab, Phase-1 Housing Colony, Jammu on first come first serve basis. The documents further show that in response to the said notice the petitioner also applied and that the plot-in-question was allotted to her on 5.6.1999 being the highest bidder, thereafter the possession of said plot was handed over to her on 25.03.2000. Admittedly, the notice-inviting-applications for allotment of plots was issued in 1999, plot-in-question was allotted to the petitioner on 05.06.1999 and its possession was handed over to her on 25.03.2000. Therefore, in terms of order dated 20.09.1991, the JDA was supposed to provide infrastructural facilities like water, electricity, roads etc. to the inhabitants of Bantalab, Phase-1 Housing Colony, Jammu. 8. The JDA has also admitted in the objections about non-availability of basic infrastructural facilities to the inhabitants of housing colony-in-question. However, the stand of JDA is that although the housing colony-in-question was developed by it, but the infrastructural facilities/basic amenities were to be provided by PHE, PDD and other departments. Its further stand in the objections is that although JDA is not under any obligation to provide such facilities to the inhabitants of the colony, yet it has taken up the matter with these departments and has been continuously following the same. 9. Its further stand in the objections is that although JDA is not under any obligation to provide such facilities to the inhabitants of the colony, yet it has taken up the matter with these departments and has been continuously following the same. 9. It is to be seen that the allotment was made in 5.6.1999, but because of non-availability of basic infrastructural facilities and losing hope from the JDA, the petitioner was forced to file the instant writ petition on 22.10.2003, wherein objections on behalf of JDA came to be filed on 07.08.2004 with the stand that providing of infrastructural facilities/basic amenities to the inhabitants of housing colony-in-question is the job of PHE, PDD and other departments and JDA is not under any obligation to provide such facilities to the residents of the colony. Now it is July, 2016 and the matter is still hanging in balance. Interestingly, the stand of Power Development Department is that it is the JDA who had to provide all basic amenities to the inhabitants of the colony-in-question. Since the JDA did not provide funds for laying of power supply line for providing electricity to the inhabitants of the colony, Power Development Department in absence of funds was unable to do the needful. It has further been clarified in the objections that for supplying power at her residence, the cost of LT extension was borne by the petitioner herself which had been worked out as Rs. 4,653/-. Even the Public Works Department in its objections has taken the stand that the colony-in-question belongs to JDA and providing infrastructural facilities including road network is the job of JDA and Public Works Department has nothing to do with the same. Thus, Respondents 3 and 4 have belied the stand of JDA that infrastructural facilities/basic amenities were to be provided by other departments. Even the JDA has not controverted the stand of Respondents 3 & 4. 10. It is very strange and shocking that the land belonged to JDA; it is JDA who developed the same into a housing colony, then put the land of housing colony to auction on lease basis and put the money/usufruct of the land in its own pocket, but when it comes to providing of infrastructural facilities like water, electricity, roads etc. It is very strange and shocking that the land belonged to JDA; it is JDA who developed the same into a housing colony, then put the land of housing colony to auction on lease basis and put the money/usufruct of the land in its own pocket, but when it comes to providing of infrastructural facilities like water, electricity, roads etc. within the colony, the JDA backtracked the same with the plea that it is the job of PHE, PDD, PWD and other departments, thus leaving the petitioner and other inhabitants of the colony in air without these basic necessities of life. Once the JDA did not provide funds to these departments for providing basic infrastructural facilities in the housing colony belonging to it, how could these departments provide the basic amenities to the inhabitants of the colony in absence of funds? It seems the Chairman and other higher authorities of the JDA have adopted a total negligent and lackluster approach in providing basic infrastructural facilities to the inhabitants of the colony and leaving them to lead a miserable life despite the fact that they had taken huge amount by auctioning the land of the colony on lease basis without caring how the petitioner and other inhabitants of the colony would have been residing in absence of basic infrastructural facilities like water, electricity, roads etc. since 1999 to till today. 11. Therefore, in view of what has been discussed above, I find merit in the writ petition. Accordingly, the writ petition is allowed. Respondents 1 and 2 are directed to provide all basic infrastructural facilities like water, electricity, roads etc. to the petitioner and other inhabitants of Bantalab Housing Colony, Phase-1, Jammu, positively within a period of two months from today and file the compliance report supported by necessary documents/photographs before the Registrar Judicial of this Court. 12. Since the petitioner has been forced to lead a miserable life for so many years without providing basic infrastructural facilities by the JDA right from 1999 to till today despite taking full bid money from her, the JDA is burdened with costs of rupees fifty thousands, to be deposited by it in the Registry of this Court within a period of two months from today. Further, as per the stand of Power Development Department, in absence of providing funds by the JDA, the petitioner had to pay from her own pocket for laying of LT extension for supply of power at her residence, which was worked out as Rs. 4,653/-. Therefore, JDA is also directed to pay the said amount to the petitioner along with 6% interest with effect from 28.02.2000 till the date of its final realization. On deposit of Rs. 50,000/- along with Rs. 4,653/- with interest, the same shall be released in favour of petitioner after proper verification and identification. It is made clear that in case Respondents 1 & 2 fail to deposit the aforementioned amount or do not file the compliance report, as directed, within a period of two months from today, Registrar (Judicial) is directed to frame a separate robkar against them and list the same before the Court for appropriate orders. Disposed of along with connected miscellaneous petition(s).