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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A. CHOWDHARY,
Indo Kashmir Carpet Industries, Srinagar, Kashmir – Appellant
Versus
STATE OF JAMMU AND KASHMIR – Respondent
JUDGMENT :
1. By way of the present writ petition, the petitioner-Firm has challenged the order dated 16.10.2014 passed by the respondent- Gulmarg Development Authority, (‘GDA’ for short) cancelling the lease of 06 kanals and 05 marlas of land bearing Survey No. 282, located at Gulmarg Kashmir, which was leased out to the petitioner-Firm namely M/S Indo Kashmir Carpet Factory, on the ground that the petitioner had not utilized the leased land for the purpose it was leased out in its favour and the said land is also vacant as on date and without any construction. The petitioner has complained in the writ petition that though the lease stood executed, however, on account of dispute between the Gulmarg Development Authority and the Forest Department, clear possession was not handed over to the petitioner and that the petitioner was not given any permission to raise construction. Also challenge is thrown to the order of eviction issued under Section-5 of the Jammu & Kashmir Public Premises (Eviction of Unauthorized Occupants) Act 1988.
2. On perusal of the impugned cancellation order dated 16.10.2014, it is clearly evident that before the eviction order was issued under Section 5 of the
Writ jurisdiction under Articles 226 and 227 is limited to reviewing the legality of process rather than re-evaluating facts. Eviction upheld for breaches of lease conditions.
High Courts' jurisdiction under Articles 226 and 227 requires proving gross illegality or irregularity for intervention; cancellation of lease upheld based on violations of lease conditions.
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....
The power of resumption under the Chandigarh Lease Hold of Sites and Building Rules, 1973 should be used as a last resort to ensure planned and regulated urbanization.
Government retains the right to cancel lease agreements for non-payment of rent and violations of established conditions under statutory regulations.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
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....
Non-compliance with lease conditions and non-utilization of allotted land can justify the cancellation of the lease by the authority.
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
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