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It was alleged that despite the payment of the amount, the land so identified and allotted, was not delivered on the ground that 19 marlas out of the land allotted to the petitioner, was occupied by the Indian Army. Therefore, the petitioner approached the respondents for refund of the deposited money in the year 2014.
A Bench of Justice Sanjeev Kumar, of the Jammu & Kashmir and Ladakh High Court (Srinagar), directed the Union Territory (respondents) and the Finance Secretary to release the withheld amount of Rs. 16,66,668/- in favour of the petitioner.
In the pertinent matter the petitioner, a political party, alleged that in 2010, they approached the respondents for allotment of land on lease basis in Ushkara, Baramulla, with a view to construct its party office. Subsequent to which, allotment of requisite land was processed and piece of State land was identified to be sanctioned on lease basis for a period of 40 years for an amount of Rs. 16,66,668/-. However, despite the payment of the amount, the land so identified and allotted was not delivered on the ground that 19 marlas out of the land allotted to the petitioner, was occupied by the Indian Army. The petitioner approached the respondents for refund of the deposited money in the year 2014.
And further submitted that the case remained under process at various levels but the amount deposited was not released in favour of the petitioner.
The Deputy Commissioner, Baramulla stated that the amount which was deposited by the petitioner now stands transferred to the Finance Secretary official account and has not been intentionally withheld by the respondents. And the petitioner showed reluctance to take the rest of the land (minus 19 marals).
The Court after considering the facts opined that, "in view of the failure of the respondents to deliver the possession of entire land out of said land, there was breach of contract on the part of the respondents".
And further held that since the respondents are still in possession of the land, therefore, are well within their right to terminate the lease, "however, cannot refuse to release the amount which is duly deposited with them by the petitioner. As per the reply affidavit filed by Deputy Commissioner, Baramulla, the amount is lying in the official account of Finance Secretary and therefore needs to be released therefrom without any further delay".
CASE TITLE: Jammu and Kashmir National Conference Srinagar vs. UT of J&K and Ors
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