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2022 Supreme(J&K) 372

SANJEEV KUMAR
Hotel Golden Tulip Kashmir – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: S.A. Makroo; B.A. Wani.
For the Respondent: Usman Gani.

JUDGMENT :

1. With the consent of learned counsel for parties, petition is admitted and taken for final consideration.

2. This is a petition by three Hoteliers seeking inter alia a direction to the respondents to appoint an Arbitrator for determination of just and fair rental compensation for the use and occupation of their Hotels. It is submitted that Hotels of the petitioners situated in the District of Srinagar were taken over by the Chairman, District Disaster Management Authority (District Magistrate Srinagar) for accommodating Medical Staff of various designated COVID-19 Hospitals, purportedly in the exercise of powers conferred upon the District Authority, under section 65 of the Disaster Management Act, 2005 ("the Act of 2005").

3. It is the grievance of the petitioners that the District Authority/District Magistrate without associating them in the process, unilaterally determined the rentals per room and the rate of lodging. Reference in this regard is invited to the order of the District Authority/District Magistrate bearing No. DCS/Nar-SDRF(2022) 21/524-27, dated 06.02.2021, whereby the District Authority/District Magistrate has fixed Rs. 365/- as room rent per day and Rs.

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