Jammu & Kashmir High Court
Subash Singh Jamwal & Anr vs Ut Of J&K & Ors on 14 May, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 56
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 2114/2021
Subash Singh Jamwal & Anr. .....Appellant(s)/Petitioner(s)
Through: Mr. M. K. Bhardwaj, Sr. Advocate with
Mr. Manik Bhardwaj, Advocate.
Vs
UT of J&K & Ors.
..... Respondent(s)
Through: Mr. Sachin Dogra, Advocate.
Ms. Monika Thakur, Advocate vice
Mr. S. S. Nanda, Sr. AAG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(14.05.2024)
01. The moot point in this case is whether without any statutory declaration being issued by the Govt. of UT of J&K in terms of section 3 of the Jammu & Kashmir Development Act, 1970, any area can be declared to be a local or to become part of an already declared local area. For meeting the moot point, it is not the Jammu Development Authority (JDA), which itself is a creature of the statue the Jammu & Kashmir Development Act, 1970, which can come forward on its own and take a position in the context of application of section 3.
02. The Jammu Development Authority (JDA), being creature of Jammu & Kashmir Development Act, 1970, can only speak with respect to the matter which belongs to it given within four corners of the said Act and surely section 3 is not the area which belongs to the Jammu 2 WP(C) No. 2114/2021 Development Authority (JDA) to act upon at its own as a substitute for the Government.
03. The writ petitioner has a property in village Najwal Ramgarh distrct Samba. Village Najwal per se has not been notified under section 3 of the Jammu & Kashmir Development Act, 1970 to be or to be in a local area for which the Jammu Development Authority (JDA) is constituted.
04. In this writ petition, it is Jammu Development Authority (JDA), as being respondent No. 2, which has come forward with its reply. Applying the principle that "a stream cannot be higher than a source" so it has to be the case with the Jammu Development Authority (JDA) that it cannot speak on and for behalf of the Govt. UT of Jammu and Kashmir ebing itself an agency/authority created by the Government in exercise of its power under the Act.
05. Therefore, this Court directs Commissioner/Secretary to Govt. - Housing and Urban Development Department, J&K to come forward with its affidavit parawise reply to the writ petition. Needful be done with a period of two weeks, failing which this Court would be constrained to direct personal appearance of the Commissioner/Secretary to Govt. - Housing and Urban Development Department, J&K. 3 WP(C) No. 2114/2021
06. A copy of this order be provided by the Registrar Judicial, Jammu to Ms. Monika Thakur, Assisting counsel vice Mr. S. S. Nanda, Sr. AAG representing respondent No. 1 for the sake of notice and compliance at the end of the Commissioner/Secretary to Govt. - Housing and Urban Development Department, UT of J&K.
07. List in continuation on 30.05.2024.
(RAHUL BHARTI) JUDGE JAMMU 14.05.2024 Bunty Bunty Kumar 2024.05.16 10:25 I attest to the accuracy and integrity of this document