The main legal point established in the judgment is that unilateral decisions affecting property rights without due process and contravening principles of natural justice are not sustainable.

JUDGMENT :

1. The petitioners, through the medium of this petition under Article 226 of the Constitution of India read with Section 103 of the State Constitution seek direction to the respondents to pay the arrears of rentals for the period w.e.f. 01.04.2004 till date and to continue paying the rentals for the land measuring 27 kanals 15 marlas of Village Sombrana, Tehsil and District Anantnag, without any delay and with interest; and further quash letter dated 19.05.2006 addressed by respondent No.3-Estates Officer, Kashmir Circle, Srinagar to respondent No.4-Deputy Commissioner, Anantnag as illegal and arbitrary and against the principles of natural justice.

2. It has been pleaded that the petitioners are owners of land measuring 81 kanals 7 marlas including the land measuring 27 kanals and 15 marlas falling under different survey numbers of Village Sombrana, Tehsil and District Anantnag as per the following details:

3. It has been pleaded that the land in question has been occupied by the Army in the year 1951 who continues to hold the same till date; that initially rent was being paid by the Army for 54 kanals 7 marlas only through Deputy Commissioner, Anantnag, however no rent was being paid for the land measuring 27 kanals and 15 marlas mentioned in the aforesaid survey numbers though occupied by the Army since the year 1951.

4. It was further pleaded that after strenuous efforts and intervention of Deputy Commissioner, Anantnag, Military Estate Officer, Srinagar, agreed to release the rent for the aforesaid land of 27 kanals and 15 marlas by issuance of Communication No.JK 906 HRG- Defence Estates Officer Kashmir Circle dated 03.12.1985 and the petitioners received an amount of Rs.5079.70 which both the petitioners received equally; that the petitioners received the amount of rent up to 31.03.2004; that they have been released the aforesaid amount as rentals for the land in question only after the army authorities had convinced themselves about the ownership of the petitioners, of the land in question, as there was no dispute with respect to the rest of the land so far as payment of rent was concerned. The petitioner further pleaded that the rent for 54 kanals 7 marlas of land was being disbursed to them through Deputy Commissioner, Anantnag, however, the rent for 27 kanals and 15 marlas and was paid directly by the Military Estate Officer to the petitioners; that the Defense Estate Officer after 31.03.2004 assured the petitioners that they would be receiving the rent in due course, however, a Communication dated 19.05.2006 was addressed by the Defense Estate Officer to Deputy Commissioner, Anantnag, asking him to stop the payment of rent for land measuring 26 kanals 15 marlas, whereas the fact of the matter is that as per measurement, the land was 27 kanals and 15 marlas.

5. Petitioners claimed to have immediately protested stoppage of rental and sent a communication on 19.06.2006 not only to Defense Estate Officer but also to Deputy Commissioner, Anantnag and on 28.07.2006, petitioner no.2 received a reply to his representation from Defense Estate Officer, wherein he was asked to send legible copies of the documents, which he had sent along with his representation; that the petitioners, with no response from the Defense Estate Officer, approached Director, Defense Estate, Northern Command, Jammu by filing representation on 30.11.2007 furnishing entire record, and pleaded for release of rent for 27 kanals and 15 marlas; that the petitioner No.2 received a communication dated 17.09.2008 from the office of Director, Defense Estates wherein he was intimated that the Defense Estate Officer, Srinagar had been advised to take action in the matter, as such, petitioner n