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