Rajesh Gupta
JAMMU, July 29: It is to mention here that in case of cancellation Kiosk by JDA in case of adjoining to Hall No. 305-B, wrong & fabricated facts were quoted to harass the concerned person despite taking regular rent but in reply to Notice to Collector, LDA, applicant catagorically mentioned that he will prefer cancellation but he asked VC JDA to refer the case of his allotment to CBI or ACB to detect the scam done by officials of JDA for putting other date on his application that too of year 2005 quoting beyond last date, which has been made reason for cancellation but after 21 years.
JDA cancelled so many allottments in bahu Plaza, all of them were stayed by High Court, whereas working of JDA was also questioned.
Now High Court while hearing, a writ petition on being Housing Board, filed by Vijay Koul Sapru and others challenging Order No. JKHB-115 of 2022 dated August 10, 2022, through which the Jammu and Kashmir Housing Board had again rejected their claim for allotment of a residential plot at Ompora Housing Colony, Budgam, describing it as devoid of merit and time-barred has quashed an order of the Jammu and Kashmir Housing Board, holding that an administrative authority cannot reopen issues already settled by a court or virtually exercise the powers of an appellate authority while implementing a judicial direction.
Justice Wasim Sadiq Nargal ruled that once a judgment has attained finality, the authority concerned is under a legal obligation to implement it in its true letter and spirit and cannot travel beyond the mandate of the court by re-adjudicating issues already concluded.
The High Court rejected the Housing Board’s reasoning that the claim was time-barred, observing that once the earlier communication dated April 9, 2009 had been quashed and the respondents were directed to reconsider the claim afresh, they could not defeat the very purpose of the earlier judgment by again holding the claim to be barred by limitation.
Holding that the respondents had clearly travelled beyond the mandate of the earlier judgment and virtually exercised the powers of an appellate authority over it, Justice Nargal quashed Order No. JKHB-115 of 2022 dated August 10, 2022 and directed the respondents to reconsider the petitioners’ claim afresh, strictly in accordance with the judgment dated October 28, 2021.
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