SANJAYA KUMAR MISHRA
Rajeev Lochan Shah – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sanjaya Kumar Mishra, J.
Upon hearing the learned counsel for the parties, the Court has passed the following judgment:-
By filing this writ application, the petitioner has prayed for the following reliefs:-
II. To issue a writ order or direction in the nature of mandamus directing the respondents to pay a sum of rupees Rs. 12,25,500/- as dues towards the payment of acquisition of 30 rooms, for 43 days, of the petitioner’s hotel along with hotel staff, further to direct the respondents to pay an interest @18% per annum on the above said amount from the date of its being due (i.e. 08.06.2021) till its final payment.”
2. The facts of the case are not disputed at this stage and it can be chronologically described as follows :-
The court established that the requisition of property under the Disaster Management Act 2005 entitles the affected party to compensation as per Section 66, irrespective of the actual usage of the pr....
Compensation for requisitioned premises under the Disaster Management Act cannot be limited by Executive Orders, and must reflect actual rent for the entire duration of requisition.
The court highlighted the importance of allowing the petitioners to pursue the compensation dispute and ensuring their request for an arbitrator is not rejected based on limitation.
The court allowed banquet owners to seek compensation under Section 66 of the Disaster Management Act for the requisition of their premises and directed expedited processing of compensation applicati....
The court affirmed that under Section 66 of the Disaster Management Act, officers must determine compensation for requisitioned properties, irrespective of an application by property owners.
The requisitioning of accommodation for government employees is deemed a public purpose and the courts are limited in scrutinizing such administrative actions.
The petitioner must be afforded a hearing before rent fixation for requisitioned property and can seek compensation under the Disaster Management Act.
Emergency authorities are mandated to compensate for property used during crises, regardless of compliance with construction regulations, affirming property rights under constitutional law.
The court mandated adherence to procedural fairness by the Bill Verification Committee when assessing claims for payment regarding the accommodation provided to political protectees.
Requisition must be temporary; indefinite requisition for over 25 years violates property rights and is a misuse of power, necessitating prompt acquisition actions.
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