Jammu & Kashmir High Court Dismisses Petition Challenging Shop Allocation Process in Batamaloo

Court Upholds Committee's Recommendations, Emphasizes Curbing Frivolous Litigation

In a significant ruling, the Jammu and Kashmir High Court has dismissed a petition challenging the rehabilitation and allocation process of shops in the Sector-6 Shopping Complex, Batamaloo, Srinagar. The petition, filed by Ghulam Mohi-ud-Din Sheikh and others, sought to quash the recommendations of a committee tasked with determining eligibility for shop allotment. The court, presided over by Justice Wasim Sadiq Nargal, upheld the committee's actions and emphasized the need to curb frivolous litigation that delays rightful claimants.

The petitioners argued that the committee was constituted in violation of a previous court judgment from May 14, 2012, and alleged discrepancies in the verification process. They also questioned the need for a draw of lots, claiming the number of eligible claimants was less than the available shops. The court, however, found these claims unsubstantiated and dismissed the petition, noting that the petitioners lacked enforceable legal or fundamental rights to stall the process.

Justice Nargal highlighted that the committee acted within its mandate, and its recommendations were lawful. The expansion of the committee by co-opting additional members was deemed necessary for efficient verification and scrutiny, aligning with legal principles that allow sub-delegation of non-essential functions under supervision.

The judgment also addressed the issue of abuse of judicial process, as the prolonged litigation had caused significant financial loss to the State exchequer and genuine claimants. The court cited previous judgments from the Supreme Court, underscoring the importance of deterring unscrupulous litigants from wasting judicial time and obstructing justice.

The ruling vacated an interim order from June 2013, which had stalled the allocation process for over twelve years, causing a revenue loss of nearly three crore rupees. The court directed the official respondents to expedite the allotment of shops to genuine claimants, as recommended by the committee.

Justice Nargal refrained from imposing exemplary costs on the petitioners but issued a caution against using judicial processes for obstruction or delay. The court warned that future attempts to derail lawful actions through frivolous litigation would attract strict consequences.

The judgment serves as a reminder of the judiciary's role in ensuring fair and transparent processes while maintaining the integrity of the justice delivery system.

Bottom Line:

Rehabilitation and allocation of shops in a newly constructed shopping complex must follow judicially mandated procedures. Petitioners cannot challenge lawful processes if they fail to meet eligibility criteria, and frivolous litigation delaying rightful claimants should be curbed.

Statutory provision(s): Article 226 of the Constitution of India

Ghulam Mohi-ud-Din Sheikh v. State Of Jammu & Kashmir, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2823033