HIGH COURT OF JAMMU & KASHMIR AND LADAKH
KEWAL KRISHAN GUPTA – Appellant
Versus
JAMMU DEVELOPMENT AUTHORITY TH ITS SECY AND ORS – Respondent
WP(C) 1707/2020
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(THROUGH VIRTUAL MODE)
Reserved on : 19.03.2021
Pronounced on: 09.04.2021
WP(C) No. 1704/2020 CM(5985/2020).
c/w
WP(C) No. 1707/2020 CM(5992/2020)
WP(C) No. 1708/2020 CM(5993/2020)
WP(C) No. 1709/2020 CM(5994/2020)
WP(C) No. 1710/2020 CM(5995/2020)
WP(C) No. 1711/2020 CM(5996/2020)
WP(C) No. 1712/2020 CM(5997/2020)
WP(C) No. 1713/2020 CM(5998/2020)
WP(C) No. 1714/2020 CM(6000/2020)
WP(C) No. 1715/2020 CM(6003/2020)
WP(C) No. 1716/2020 CM(6004/2020)
WP(C) No. 1757/2020 CM(6127/2020)
WP(C) No. 1758/2020 CM(6128/2020)
WP(C) No. 1759/2020 CM(6129/2020)
WP(C) No. 1760/2020 CM(6131/2020)
WP(C) No. 1761/2020 CM(6132/2020)
WP(C) No. 1762/2020 CM(6133/2020)
WP(C) No. 1763/2020 CM(6135/2020)
WP(C) No. 1764/2020 CM(6136/2020)
WP(C) No. 1795/2020 CM(6265/2020)
CM(6266/2020)
Babu Ram and another
...Petitioner(s)
Through:- Mr. Vikas Magotra, Advocate
Mr. Vivek Sharma, Advocate
V/s
Jammu Development Authority and others ...Respondent(s)
Through:- Mr. Sachin Dogra, Advocate.
Mr. M. A. Bhat, Advocate.
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
JUDGMENT
1.
The petitioner(s) in these petitions are occupants/shop keepers of
premises known as >Modern Hotel? situated at old General Bus Stand,
Jammu. They are aggrieved of the eviction notice(s) issued by the
2 WP(C) No.1704/2020 along with connected matters
Jammu Development Authority (<JDA= for short) purportedly under
Section 6(2) of the Public Premises (Eviction of Un-authorized
Occupants) Act, 1988 [<the Act=] and the decision of the District
Magistrate, Jammu [<the Appellate Authority=] passed in appeal/appeals
filed by the petitioner(s) to challenge the impugned eviction notice(s)
issued by the Estate Officer of JDA. The appeal(s) under Section 12 of
the Act has/have been held not maintainable against the eviction notice
issued under Section 6(2) of the Act.
2.
Since all the writ petitions are directed against the order of the
Appellate Authority under the Act and the grounds of challenge taken
are identical and common, as such, all these petitions have been clubbed
and taken up together for decision.
3.
The facts in each case are essentially and materially same. There
exists 4 kanals of land at General Bus Stand, Jammu, which was initially
held on lease by M/s Ram Chand and others. On the request of the initial
lessee, on 26.08.1980, this four kanal of land was exchanged with
another piece of land measuring 5 kanals belonging to JDA. M/s Ram
Chand and others, who was given 5 kanals of land in exchange,
constructed Shakuntla theatre thereon. The lessee in aforesaid exchange
has paid a sum of Rs.1.00 lakh on account of difference of the
exchanged land. At the time of exchange i.e. 26.08.1980, there was a
structure by the name of M/S Modern Hotel constructed by M/s Ram
Chand and others. The JDA acquired the said structure by payment of
compensation of Rs.5.88 lakh in terms of the award of the Collector,
3 WP(C) No.1704/2020 along with connected matters
Land Acquisition dated 03.07.1982. It seems that the JDA after
acquiring four kanals of land and the structure thereon, transferred the
same to the Transport Department on payment of cost on 19.12.1981.
Later on vide Government Order No.29 of 1990 dated 16.03.1990, this
four kanals of land along with structure raised thereon i.e. >Modern
Hotel? was transferred back to the JDA from the Transport Department
and since then the subject land is vested exclusively in the JDA. It is
pertinent to note that the structure i.e. >Modern Hotel? standing on the
subject land was not vac