Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 27 (JK)

Pushpa Devi v. State of J&K

2017-02-01

RAMALINGAM SUDHAKAR

body2017
Judgment 1. Heard learned counsel for the petitioner, Mr. J.P. Gandhi at length and Mr. Tarun Sharma, learned Government Advocate for the respondents. 2. Going by the entire controversy raised in the instant writ petition and in view of the impugned notice, writ petition is admitted and taken up for final disposal. 3. The petitioner, Pushpa Devi, wife of Late Raghunath Dass Sehgal has filed the writ petition challenging the final notice issued by the office of the Chief Executive Agricultural Produce. Market Committee Narwal, Jammu vide its No.APMCN/2016-17/817-18 dated 23.11.2016. 4. The relevant portion of the final notice is as follows:— “Whereas a shop-site No.27, measuring 16’x60’ at Ph-II Fruit Market Narwal, Jammu was allotted in your favour by the Jammu Development Authority/Committee constituted for the purpose from time to time. Whereas, as per the terms and conditions of the Lease Deed, the allottees were suppose to raise the construction within the specific time schedule. Whereas, vide Government Order No.348-Agri/Horti/HPM/2008 dated 12.12.2008, Fruit and Vegetables Market Narwal, Jammu has been transferred from Jammu Development Authority to Department of Horticulture Planning & Marketing. Whereas, the Notices on regular basis have been issued through print media; wherein the allottees were directed to construct shops in Fruit & Vegetables Market Narwal, Jammu on immediate basis. Whereas, you have failed to raise the construction on the said allotted site/plot till date. Whereas Secretary to Govt. Horticulture Department convened a meeting on 01.10.2016 wherein the Secretary directed this office to issue final notices to the allottees in Fruit & Vegetables Market Narwal, Jammu for construction of shops and commencement of business subsequently followed by cancellation of allotment if not complied with. In view of above, you are hereby directed to take-up the construction process within a period of 1 month from issue of this notice and after which no further extension shall be granted and the allotment shall be deemed to be cancelled at the will of LESSOR.” 4. The widow/petitioner states that her husband was beneficiary of the allotment of vegetable site vide letter No.VGM/241-44 dated 12.04.1986 issued by the Jammu Development Authority and a lease deed was executed for a period of 40 years and a sum of Rs. 71,111/- was paid. The lease deed was executed on 24.04.1995. Ever since the execution of the lease deed, the husband of the present petitioner was running the business. Thereafter, on 07.10.2012, Sh. 71,111/- was paid. The lease deed was executed on 24.04.1995. Ever since the execution of the lease deed, the husband of the present petitioner was running the business. Thereafter, on 07.10.2012, Sh. Ragh Nath Dass Sehgal died. 5. The widow/petitioner states that she has running the vegetable shop in that place by virtue of clause 15 of the lease deed, which provides that in the event of the death of the LESSEE, his lawful heirs shall be entitled in the interests of the premises. 6. The factum of death of the petitioner’s husband on 07.10.2012 was not duly intimated to the authorities. No proof of intimation has been enclosed with this writ petition. However, petitioner states on affidavit that some information was given to the authorities. The cause of action was for filing of this writ petition arose out of the impugned final notice, whereby the authority called upon the Late Raghu Nath Sehgal, stating that he failed to raise the construction on the site till date and if he does not comply with the direction, the allotment shall be cancelled. The further direction is that the allottee has to take up the construction process within a period of one month from the date of notice and no further extension will be granted. The notice states that if construction is not put up, allotment shall be deemed to be cancelled. Aggrieved thereof, this writ petition is filed by the widow. 7. Learned counsel for the petitioner/widow pleads that she was not aware of the conditions imposed in the lease deed and therefore, if there is any lapse on the part of the original allottee (husband), she being the poor widow with a physically handicapped child should not be deprived of her livelihood. She would try to pot up the construction at the earliest and seeks indulgence of the court to grant sufficient time. It is pleaded that her financial condition is very bad that she needs to mobilize funds from third party as she is living in penury. 8. Here is a case of a poor and illiterate lady, who had lost her husband is before this Court pleads for equity. She pleads for time to get the allotment in her favour consequent to the death of her husband the original allottee. 9. 8. Here is a case of a poor and illiterate lady, who had lost her husband is before this Court pleads for equity. She pleads for time to get the allotment in her favour consequent to the death of her husband the original allottee. 9. The respondent authorities should ensure that the claim of the petitioner/widow is considered on compassionate basis accepting her right as legal heir in the interest to the allotted site consequent upon her husband’s death on 07.10.2012. 10. The petitioner will be entitled to make out her case through her counsel to the authority for grant of lease in her favour by enclosing the death certificate of her husband and the lease deed dated 11.04.1995 registered on 24.04.1995. On said representation, the Authority shall accord consideration for changing the allotment in favour of the petitioner/widow in terms of clause 15 of the lease deed subject petitioner producing legal heir certificate. Petitioner is granted six weeks time to submit all relevant documents to the Chief Executive, Agricultural Produce, Market Committee Narwal, Jammu and also to the Director, Horticulture Planning and Marketing, Jammu so as to enable the authorities to accord consideration to the petitioner’s request for changing of allotment and allow her to put up construction as directed in the final notice, after completion of all formalities for change of name in the original allotment. 11. Learned counsel for the petitioner seeks and is granted permission to move an application to the Executive Magistrate, Jammu for issuance of legal heir certificate, which shall be considered and disposed of expeditiously as per law. 12. In the interest of justice, Registry to serve a copy of this order to the Executive Magistrate concerned. Respondents are restrained from cancelling the original allotment as per the notice till such time so as to enable petitioner to comply with the above requirement. Petitioner is granted 12 weeks from 15th February, 2017 to complete the formalities. Petitioner is permitted seek extension of time from this court if there is a delay by an affidavit explaining the cause of delay. 13. This writ petition is disposed of as above.