In OWP No. 723 of 2007 titled Dharmarth Trust v/s State of J&K and others a bench of HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDERED as:-
The dispute in the writ petition is regarding the allotment of an alternative plot of land to the petitioner Trust.
The matter of its allotment is pending since 2000. 02. The writ petition was filed in 2007 and despite repeated opportunities, the land has not been allotted.
Since November 2021, the court has been repeatedly apprised that the plot to be allotted to the petitioner has been identified and only a final order is required to be passed by the Financial Commissioner (Revenue) but when no such order or decision was taken by the Financial Commissioner (Revenue), the court vide order dated 05.04.2022 required the presence of the Financial Commissioner (Revenue) and the Additional Commissioner (Central).
In pursuance to the above order, Sh. Rishpal Singh, Additional Commissioner (Central) is present in court.
Sh. Amit Gupta, Additional Advocate General, has moved on application on behalf of the Financial Commissioner (Revenue) seeking exemption from appearance on the ground that he has submitted his personal Affidavit giving full details regarding the difficulties faced in the allotment of the plot.
It has been submitted by him on the affidavit that under the Transaction of Business of Government of Union Territory of Jammu and Kashmir Rules, 2019, since the allotment of a government plot is a matter regarding alienation of the government property, the decision in this regard has to be taken by the Administrative Council and that papers in this regard have been forwarded to the Administrative Council for being considered in the next meeting which is likely to held week following the next. It has been stated that in order to get the matter considered OM No. Rev-Sett/50/2022(126826) dated 01.04.2022 has been issued for consideration by the Administrative Council.
05. The Financial Commissioner(Revenue)’s exemption application states that he is unable to attend the court in person as he has been called upon in a meeting scheduled on 27.04.2022 at Srinagar through video conferencing with the Hon’ble Prime Minister.
06. In view of the aforesaid facts and circumstances, as the Financial Commissioner (Revenue) has filed his personal affidavit assuring that the matter of allotment of plot to the petitioner would be taken up by the Administrative Council as per the Business Rules in its next meeting scheduled to be held in a week following the next and that he has to participate in the meeting virtually with the Hon’ble Prime Minister, we exempt his appearance for today directing him to attend the court on the next date with result of the meeting of the Administrative Council with regard to the allotment of plot to the petitioner.
07. The personal appearance of Sh. Rishpal Singh, Additional Commissioner (Central) is dispensed with.
08. List this matter again on 24th May 2022.