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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
UT of Jammu & Kashmir through Director General of Police, J&K, Jammu/Srinagar – Appellant
Versus
Kala Ram – Respondent
JUDGMENT :
Sanjeev Kumar, J.
CM No.6821/2024
This is an application filed by the appellant seeking condonation of delay in filing the appeal.
Although, there is huge unexplained delay of 698 days in filing the appeal, yet having regard to the fact that the appeal itself is devoid of merit, we with the consent of learned counsel for the respondents, decided to condone the delay.
Ordered accordingly.
LPA No.244/2024
1. Impugned in this appeal filed by the Union Territory of Jammu & Kashmir under Clause 12 of the Letters Patent is an order and judgment dated 18.10.2022 passed by the learned Single Judge of this Court [“Writ Court”] in OWP No.1302/2015 titled Kala Ram and others v. State of J&K and others, whereby the Writ Court has directed the appellant to pay the rent to the respondents, as assessed by the District Rent Assessment Committee, Samba, in terms of its report dated 30th March, 2015 for two years of occupation i.e. 2013-14 and 2014-15 with a further direction to the District Rent Assessment Committee to make similar assessment for the period 2015-16, 2016-17, 2017-18. The appellant herein has also been called upon to disburse the rent for the aforesaid periods as well upon recei
Government Orders for rent assessment apply only to land occupied by security forces, not to police usage, affirming entitlement to rent as per District Rent Assessment Committee's assessment.
The court established the importance of proper rent assessment for private property occupied by the police and emphasized the distinction between 'eminent domain' and 'police power' of the State.
Public policy mandates auctioning of government properties to maximize revenue, and long-term possession does not justify extension of allotment.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
The court upheld the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
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