Srinagar, Feb 26: For auctioning an encroached plot of land, taking contradictory stand and retaining a bidder’s money for over 15 years without handing over possession, the High Court of Jammu and Kashmir has imposed Rs 50000 costs on Jammu Development Authority (JDA).

Observing it as “arbitrary use of power”, a bench of Justice Wasim Sadiq Nargal ordered to impose the costs on the Authority, even as it noted that such functioning causes grave prejudice to individual citizens and undermines the credibility and institutional integrity of public authorities entrusted with developmental functions.

The Court noted that forfeiture clauses though contractual in nature, cannot be invoked arbitrarily, particularly when the alleged default itself is attributable to the Authority.

The case relates to an auction of 5.38 kanals of land at Chinor Chowk, Bantalab, Jammu in 2011. After the petitioner emerged as the highest bidder, he deposited Rs 25.50 lakh pursuant to the Letter of Intent issued by JDA. However, he found that a part of the land was under encroachment after he visited the site.

The aggrieved man raised the issue with JDA soon after the auction and withheld further payment until the encroachment was removed.

The Court noted that the internal records of the Authority acknowledged the existence of encroachment and identified the encroacher, yet possession was not handed over for years.

“No offer was even made to give an alternate plot to the petitioner in case there was any impediment in handing over the said plot to him,” Court said.

The Court rejected the JDA’s contention that the allotment stood cancelled due to non-payment of the remaining bid amount, saying that “forfeiture clauses cannot be invoked where the alleged default is attributable to the authority itself”.

In response to the Authority’s contention that the Letter of Intent stood automatically cancelled and that the earnest money was liable to be forfeited, the court said the argument could not be accepted in the facts and circumstances of the present case.

“Forfeiture clauses, though contractual in nature, cannot be invoked mechanically or arbitrarily, particularly when the alleged default itself is attributable to the authority”.

The court observed that retaining the petitioner’s money for more than 15 years without either delivering possession or refunding the amount reflected arbitrary conduct and amounted to unjust enrichment.

The Development Authorities are under a legal obligation to ensure that land put to auction is free from encumbrances and that they must act fairly and transparently in dealings with citizens, the court said.

Taking call on the plea, the Court directed the JDA to calculate the total sale consideration in respect of the land originally auctioned in favour of the petitioner measuring 5.38 kanals .

This, the Authority has to do within a period of one week from the date of receipt of its order.

The Court ordered that upon receipt of the amount from petitioner and upon completion of all requisite codal formalities, the JDA shall, within a period of four weeks thereafter, hand over possession of the land measuring 5.01 kanals found free from hindrances, along with possession of the equivalent land allotted in lieu of the encroached portion measuring approximately 0.37 kanals.

For filing wrong affidavits or taking contradictory stand with a view to mislead the Court, the Bench imposed costs of Rs 25,000 upon JDA and directed that the same shall be borne by the Officers who have filed such a wrong affidavit. Moreover, the court imposed Rs 25,000 as costs on the Authority for the inordinate delay and unjustified retention of the petitioner’s money.

The amount in nutshell to the tune of Rs. 50,000 shall be deposited by the JDA with the Advocates’ Welfare Fund within a period of four weeks (beginning February 25), the court said.

Srinagar, Feb 26: The Jammu and Kashmir government kept the order issued regarding designation of J&K Board of School Education (JKBOSE) as nodal agency for holding Teachers Eligibility Test (TET) in abeyance.

The move comes a day after the minister for education Sakin Itoo said that the order issued by Secretary School Education Department (SED) will not be implemented and J&K will be the last to hold the TET of in-service teachers.

“J&K is not in a hurry to hold such an exam for the in-service teachers,” the minister had said.

Earlier, Secretary SED issued an order for holding TET for the in-service teaches while designating JK Board of School Education as the nodal agency to conduct TET within two years.

SED had issued the order and directed the JKBOSE to take immediate necessary steps for operationalization of the TET examination framework in accordance with the Action Plan formulated in the meeting convened on October 30, 2025.

However, on Thursday, the order has been kept in abeyance.

“The government order number 82-JK (Edu) of 2026 dated February 23, 2026 regarding the designation of JKBOSE as nodal agency for conducting Teachers Eligibility Test, is hereby kept in abeyance, till further orders,” reads a fresh order issued by Commissioner Secretary SED, Ram Niwas Sharma.

Earlier, the teaching community also opposed the SED order issued for conducting TET of in-service teachers saying such move was a blow to the dignity of the teaching fraternity.

In a statement, J&K Teachers Forum (JKTF) opposed the TET as rider for continuation of services while stating that any evaluation of teachers for promotions must be done in-house.

Srinagar, Feb 26: The National Green Tribunal (NGT) has intervened in the alleged illegal dumping of municipal solid waste by the Municipal Committee Awantipora near Padgampora–Dangerpora village along National Highway-44, directing the Jammu and Kashmir Pollution Control Committee (JKPCC) to conduct a fresh site inspection and asking the municipality to take immediate remedial measures.

The matter came up before the Principal Bench of the NGT, headed by Justice Prakash Srivastava, Chairperson, along with Expert Member Dr Afroz Alam, on a petition filed by social activist Raja Muzaffar Bhat.

During the hearing, counsel for the petitioner informed the tribunal that the Municipal Committee Awantipora was dumping solid waste collected from Awantipora and Tral towns in an unscientific manner at the site, which is located adjacent to an irrigation canal locally known as Padgampora Nehar. It was submitted that the dumping violated provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Solid Waste Management Rules, 2016.

The petitioner’s counsel placed photographs on record to show heaps of waste lying at the site and also referred to an inspection report of the JKPCC dated August 14, 2025, which stated that the dumping site had been established illegally without obtaining prior consent from the pollution control body.

The tribunal was further informed that a show-cause notice was issued by the JKPCC to the Municipal Committee Awantipora on August 14, 2025, for violations of environmental norms and proposing punitive action. Despite this, the municipality allegedly continued dumping waste at the same location.

The order of the NGTs Principal bench reads: “J&K Pollution Control Committee-JKPCC is directed to carry out the fresh inspection and ascertain the quantity of the solid waste which has been illegally dumped in the area and also ascertain since when this waste is lying dumped there and action, if any, taken for remediating the problem. Let a comprehensive report be filed at least one week before the next date of hearing. The other respondents are also directed to file the reply at least one week before the next date of hearing. In the meanwhile, the Respondent No. 3 – Municipal Committee, Awantipora, is directed to take all possible remedial measures”

While welcoming the order of the NGT, petitioner Dr Raja Muzaffar Bhat said that crores of rupees were allocated by Govt to MC Awantipora for setting up a sanitary landfill site , but they chose a place which is near the national highway and agriculture fields and mismanaged the funds as well.

“The waste is being directly dumped without any segregation process or treatment in open violation of MSW Rules 2016. I wrote to the Govt and MC Awantipora to rectify their mistakes but they continued to do this illegal work. I was forced to seek NGT’s intervention. I am sure massive Environmental Compensation would be imposed on MC Awantipora after next date of hearing because they have already been reprimanded by JKPCC for this illegal act, “Dr Raja Muzaffar added

The case is again listed for hearing in the National Green Tribunal-NGT on 13th May 2026.