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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SINDHU SHARMA, SHAHZAD AZEEM
Mehraj-ud-Din Peer – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SINDHU SHARMA, J.
1. The present Letters Patent Appeal has been filed against the judgment and order dated 21.02.2024 passed by this Court in OWP No. 502/2009, whereby the writ petition preferred by the appellants came to be dismissed.
2. The appellants are longstanding shopkeepers who had been carrying on their business for several decades in front of the premises of the Irrigation and Flood Control Department, Sopore. During the process of road widening undertaken by the Town Area Committee, Sopore, the shops of the appellants were demolished, resulting in deprivation of their means of livelihood.
3. Consequent upon the demolition of their shops, the appellants made repeated representations before the concerned authorities seeking allotment of alternative land for rehabilitation. The Government of Jammu and Kashmir, vide Government Order dated 31.12.2004 and Cabinet Decision No. 210/11 dated 30.12.2004, sanctioned allotment of land belonging to the Irrigation and Flood Control Department, Sopore, in favour of the dislocated shopkeepers, including the appellants, subject to certain terms and conditions.
4. Pursuant to the aforesaid Government orders, the appellants raised co
The court upheld the rent fixed by the Committee as fair, emphasizing the petitioner's failure to prove valid ownership of the land.
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 central legal point established in the judgment is the application of G.O.(Ms).No.92, Municipality Administration and Water Supply Department dated 03.07.2007, which mandated a 15% increase in re....
The court reaffirmed that fair rent determined by Rent Control Courts must reflect current market conditions, considering economic factors and evidence of comparable properties.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
Court rules that valuation assessments must reflect actual rental expectations and conditions, affirming Tribunal's authority to adjust arbitrary figures while emphasizing tenant agreements.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
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