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.

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 30^th 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 receiving the assessment from the District Rent Assessment Committee, Samba along with interest @ 9% per annum with effect from October, 2018 onwards till actual payment of the entire amount. The Writ Court has also quashed order No.558 of 2016 dated 19.02.2016 as being arbitrary and baseless.

2. The impugned judgment is assailed by the appellant primarily on the ground that the rent payable to the respondents for the land that has remained under occupation of the police is governed by the Government Order No.Home-35(P) of 2009 dated 16.01.2009 and not as per the assessment made by the District Rent Assessment Committee, Samba. It is, thus argued by Ms. Kohli, learned counsel appearing for the appellant, that the assessment of rent made in terms of Government Order dated 16.01.2009 has already been disbursed to the respondents. The Writ Court has, it is contended, not appreciated this aspect of the matter and has erroneously held the respondents entitled to the rent as per the assessment made by the District Rent Assessment Committee, Samba headed by the Deputy Commissioner, Samba.

3. Before we proceed to appreciate the solitary ground of challenge urged by Ms. Kohli, appearing for the appellant, a brief look at the factual matrix of the case may be necessary.

4. The Police Central Store, Jammu occupied a piece of land measuring 7 kanals 18 marlas falling in Khasra No.247 situated in village Kartholi, Ward No.12, Bari Brahmana falling in District Samba [“subject land”] in the month of February, 2013. The District Rent Assessment Committee, Samba headed by the Deputy Commissioner, Samba carried out the rent assessment for the respondents‟ land at the rate of Rs.42,500/- per month for the year 2013-14 and at the rate of Rs.51,300/- per month for the year 2014-15 at the instance of the police department.

5. With a view to meet the payment, the Senior Superintendent of Police, Samba sought funds for the year 2013-14 and 2014-15. However, the Government directed the SSP, Samba to get the rent of the land assessed afresh in terms of Government Order No.Home- 225(P) of 2009 dated 23.03.22009. The Deputy Commissioner, Samba was, thus, again approached for making assessment in terms of the aforesaid Government Order read with Government Order No.Home- 35(P) of 2009 dated 16.01.2009. Accordingly, rentals were assessed and the police department intimated about the payment of Rs.2,48,850/- for the period w.e.f. February, 2013 to May, 2015.

6. Feeling aggrieved by the manner in which the re-assessment was done by the appellant, the respondents filed OWP No.1302/2015 demanding the rentals in respect of the subject land on the basis of assessment made by the District Rent Assessment Committee, Samba. The writ petition was contested by the appellant by filing its objections.