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TASHI RABSTAN
Vikram Chopra – Appellant
Versus
State of J. &K. – Respondent
JUDGMENT :
1. Through the medium of this writ petition, the petitioners are seeking to quash Notice bearing No.75/ACN/AS/16 dated 10.11.2016 and Notice bearing No.ACN/296/PS/16 dated 15.12.2016 issued by Assistant Commissioner, Nazool, Srinagar, respondent No.5 herein, whereby the petitioners have been asked to show cause as to why they should not be evicted from the land measuring 31 kanals, 10 marlas, 26 sft. falling under Khasra Nos.45, 45/1, 46, situate at Sonwar, Srinagar, being in unauthorized occupation of the public premises in pursuance of Sub Section (1) of Section 4 of J&K Public Premises (Eviction of unauthorized occupants) Act, 1959 and 1988. The petitioners are also seeking a direction to the respondents not to dispossess or evict them from the subject matter, i.e., one acre each of Bungalow Nos.2 & 3 of Raghunath Villa and the land underneath and appurtenant situated at Gupkar Road, Srinagar.
2. The facts as gathered from the writ file are that the land-in-question was leased out to one Shri Ram Nath Chopra for a period of 40 years from 27.10.1907 to 26.10.1947 under the J&K Government Rules of 1905. After that Shri Ram Nath Chopra applied for extension of lease whic
The main legal point established is that the transfer of control and ownership of the land to the Military Department and later to the Union of India, as well as the principle of deemed admission, in....
Point of Law : Tenant - Unauthorized occupation of Property - Possession of - Possession can be resumed by government only in a manner known to or recognised by law and it cannot resume possession ot....
Summary eviction under Public Premises Act, 1971, barred for bona fide title disputes; must be resolved via civil courts. GLR entries lack presumptive value over revenue records without notice and he....
The entitlement to proprietary rights under the J&K Migrant Immovable Property Act, 1997 and the issuance of a writ of mandamus to enforce such rights.
The authority to cancel a lease lies solely with the government, and any cancellation must adhere to principles of natural justice, including providing the lessee an opportunity to be heard.
Summary eviction under Public Premises Act, 1971 inapplicable to bona fide title disputes; must be resolved in civil courts. GLR entries lack presumptive value without notice and hearing.
A person in settled possession of property cannot be forcibly evicted without due process of law, and eviction notices must comply with statutory provisions governing leasehold rights.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The main legal point established in the judgment is that the dispute between the petitioners' claim as landholders and the claim of unauthorized occupation by the Estate Officer should be decided by ....
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