Court Finds Government Order Cancelling Land Allotment to Lt. Col. Daljit Singh Dogra Unsustainable, Upholds Rights of Subsequent Purchasers
In a significant judgment, the Jammu and Kashmir High Court, presided by Justice Moksha Khajuria Kazmi, has quashed Government Order No. 50-HUD of 2018, which had cancelled the allotment of land to Lt. Col. Daljit Singh Dogra. The land, measuring 1 kanal and located in Rakh Bahu, Jammu, was initially allotted as compensation for property acquired by the state under orders from the erstwhile Monarch, Maharaja Hari Singh.
The court found that the reasons cited for the cancellation - alleged superior valuation of the allotted land and unauthorized commercial construction by the allottee - were frail and unsustainable. The judgment highlighted that the government failed to provide Lt. Col. Dogra an opportunity to be heard before issuing the cancellation order, a fundamental breach of legal procedure.
In an expansive judgment, the court detailed the history of the case, noting the protracted legal battle stretching over decades for Lt. Col. Dogra to secure the land initially promised in lieu of property acquired for the Maharaja's Palace. The court underscored that the original allotment had been made following court directives, and any subsequent construction issues could be addressed through existing legal provisions without resorting to cancellation.
The court also acknowledged that the land had been sold by Lt. Col. Dogra to two purchasers before the cancellation order was issued, rendering the order ineffective as the land was no longer in his possession. This aspect further diminished the significance of the government's cancellation order, as the purchasers were now the recorded owners, having registered the sale deeds lawfully.
The High Court's decision underscores the importance of due process and adherence to legal protocols in land allotment cases. The ruling provides relief not only to Lt. Col. Dogra but also to the new landowners, reinforcing their legal rights and the invalidity of the cancellation.
Bottom Line:
Cancellation of land allotment - Allotment made in lieu of acquired property under Monarch's orders cannot be cancelled citing superior valuation or unauthorized commercial construction without legal basis.
Statutory provision(s): Government Order No. 50-HUD of 2018, Land Acquisition Act, Right to Information Act
Lt. Col. Daljit Singh Dogra v. State of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2830125
