Jammu, Nov 22: In WP (C) No. 2114/2021 titled Subash Singh Jamwal and Anr Vs UT of J&K and Ors. after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE O R D E R E D as:-
1. The legal issue involving in this case is as to whether any particular village, which in present case village Najwal, Vijaypur, District Samba, can be said to be included in a local area as created under section 3 of the Jammu and Kashmir Development Act, 1970 without an express declaration made to said effect by the Government or it can be so done by an implied inclusion of the area of the village in a master plan prepared by a Development Authority with respect to a local area for which given Development Authority has been created under section 3.
2. Creation and approval of a master plan is relatable to section 9 which is post creation of a local area along with its development authority under section 3 as such whether it is within the domain of the development authority to self pick an area to be included in a master plan and reckon it to be part and parcel of the local area on the basis of the claim that the master plan prepared by it stands approved by the Government.
3. In this regard, this Court needs to see the SRO vide which the master plan came to be approved by the Government.
4. Master plan submitted by respondent No. 2 i.e., Jammu Development Authority came to be approved by the Government as a result whereof a confusion has come to obtain with respect to status of Village Najwal, Vijaypur District Samba being within or outside the jurisdiction of local area for which Jammu Development Authority is in existence.
5. Mr. Sachin Dogra, learned counsel for the respondent No. 2 submits that today he does not have the SRO concerned with respect to issuance of approval of the master plan.
6. Let the requisite be produced along with the master plan on the next date of hearing.
7. List on 29.11.2023.
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