Judgment :

Sanjeev Kumar, J.

1. The petitioner(s) in these petitions are occupants/shop keepers of premises known as ‘Modern Hotel’ situated at old General Bus Stand, Jammu. They are aggrieved of the eviction notice(s) issued by the Jammu Development Authority (“JDA” for short) purportedly under Section 6(2) of the Public Premises (Eviction of Un-authorized Occupants) Act, 1988 [“the Act”] and the decision of the District Magistrate, Jammu [“the Appellate Authority”] passed in appeal/appeals filed by the petitioner(s) to challenge the impugned eviction notice(s) issued by the Estate Officer of JDA. The appeal(s) under Section 12 of the Act has/have been held not maintainable against the eviction notice issued under Section 6(2) of the Act.

2. Since all the writ petitions are directed against the order of the Appellate Authority under the Act and the grounds of challenge taken are identical and common, as such, all these petitions have been clubbed and taken up together for decision.

3. The facts in each case are essentially and materially same. There exists 4 kanals of land at General Bus Stand, Jammu, which was initially held on lease by M/s Ram Chand and others. On the request of the initial lessee, on 26.08.1980, this four kanal of land was exchanged with another piece of land measuring 5 kanals belonging to JDA. M/s Ram Chand and others, who was given 5 kanals of land in exchange, constructed Shakuntla theatre thereon. The lessee in aforesaid exchange has paid a sum of Rs.1.00 lakh on account of difference of the exchanged land. At the time of exchange i.e. 26.08.1980, there was a structure by the name of M/S Modern Hotel constructed by M/s Ram Chand and others. The JDA acquired the said structure by payment of compensation of Rs.5.88 lakh in terms of the award of the Collector, Land Acquisition dated 03.07.1982. It seems that the JDA after acquiring four kanals of land and the structure thereon, transferred the same to the Transport Department on payment of cost on 19.12.1981. Later on vide Government Order No.29 of 1990 dated 16.03.1990, this four kanals of land along with structure raised thereon i.e. ‘Modern Hotel’ was transferred back to the JDA from the Transport Department and since then the subject land is vested exclusively in the JDA. It is pertinent to note that the structure i.e. ‘Modern Hotel’ standing on the subject land was not vacant and free from encumbrances. The petitioners and others were occupying the shops and rooms either as tenants of M/s Ram Chand and others or were rank encroachers.

4. Be that as it may, the petitioners, at the time of transfer of land and structure to the JDA, were in occupation of the premises. They did not vacate the premises under their occupation despite the fact that the structure had been acquired by the JDA under Land Acquisition Act after payment of compensation to the erstwhile owners/ lessee-M/S Ram Chand and others. The JDA, it seems, also could not initiate any action for eviction of the petitioner(s) and other unauthorized occupants because of the litigation pending between the JDA and the erstwhile owner/lessee of the Modern Hotel.

5. The litigation between JDA and the erstwhile lessee had ensued because of the decision of the JDA to put the land and the superstructure raised thereon to public auction. When an auction notice was issued by the JDA vide notification dated 17.12.1992, the erstwhile lessee filed a writ petition (OWP No.24/1992), which was allowed by a Single Bench of this Court on 22.02.2000. The JDA challenged the order of the Writ Court in LPAOW No.8/2003, which was disposed of by a Division Bench of this Court vide its judgment dated 09.06.2017. The appeal of the JDA was allowed and the judgment of the Writ Court dated 22.02.2000 was set aside. The dispute raised by the erstwhile lessee of the Modern Hotel was, thus, set at rest. Since during the pendency of the writ petition and the appeal there were interim directions of status quo and, therefore, th