Jammu & Kashmir High Court
Chaman Lal Pandita vs State Of J&K And Ors on 2 November, 2022
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr. No. 29
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 858/2014 c/w
OWP No. 1081/2014
Chaman Lal Pandita .....Appellant(s)/Petitioner(s)
Through: Mr. Anoop Parihar, Advocate.
Vs
State of J&K and Ors. ..... Respondent(s)
Through: Mr. Raman Sharma, AAG for R-1 to 3.
Mr. S. S. Nanda, Sr. AAG for R-4.
Mr. Sandeep Gupta, CGSC for R-5 to 7.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
OWP No. 858/2014
01. The present writ petition has been filed by the petitioner seeking a direction to the respondents to conduct the assessment of rent of his house situated at Jetty Road, Khawajabagh, Baramulla, which allegedly is in possession of Security Forces since 1999 till date.
02. The brief case of the petitioner is that the petitioner along with his brother, namely, Romesh Krishan Pandita have constructed a house, which consist of 08 rooms, 01 bathroom, 02 verandahs on the land measuring 01 Kanal 03 Marlas and the rest of the land is used as lawn. It has been further pleaded that due to militancy, the whole family of the petitioner got migrated to Jammu and since then, they are living in Jammu. The house of the petitioner from the year 1999 to till date is in possession of Security Forces and inspite of the fact that the petitioner has taken up the matter for number of times with the respondents for payment of rent, the needful has not been done and the rent has not been paid despite various assurances extended by the respondents from time to time. 2 OWP No. 858/2014
03. It has also been pleaded that the Inspector General of Police (IGP), NKR, Baramulla, Srinagar vide communication No. GB/Rent/04 6237-39 dated 08.09.2004 forwarded the application of the petitioner for rent assessment to SSP, Baramulla which till date has not been done and the respondents are sleeping over matter. The respondents have neither assessed the rent nor paid the same to the petitioner. More so, the petitioner has also served a legal notice upon the respondents.
04. Feeling aggrieved on the part of the respondents, the petitioner has filed the present writ petition. The latest compliance report has been filed by the respondent-Deputy Commissioner, Baramulla, in which, it has been stated that respondent No. 4 in compliance to the direction passed by this Court dated 18.08.2015 followed by order dated 17.11.2021 has done the needful by placing the case of the petitioner before the District Level Rent Assessment Committee (DLRAC) under the chairmanship of the Deputy Commissioner, Baramulla and the case of the petitioner for assessment of rent regarding structure and the land have been approved and, accordingly, an order in this regard is placed on record as Annexure-A & Annexure-B respectively with the compliance report filed by the Deputy Commissioner, Baramulla.
05. A perusal of order dated 01.02.2022 reveals that the sanction has been accorded to the fixation of rent approved by the DLRAC, Baramulla pursuant to the meeting held on 01.02.2022 for the building hired by the Police Department, Baramulla at the rate shown against each in the annexure to the aforesaid order. The rent assessed/approved by the Committee was subject to various conditions as envisaged in the order dated 01.02.2022 vide No. 02/DDC of 2022. The same is reproduced as under:-
"Sanction is here by accorded to the fixation of rent approved by Rent Assessment Committee Baramulla in its virtual meeting held on 01.02.2022 for the building hired 3 OWP No. 858/2014 by Police Department, Baramulla at the rate shown against each in the annexure to this office order. The rent assessed/approved by the committee is however subject to the following conditions:-
1. The concerned department has not previously got the rent assessed by PWD/Rent Assessment Committee.
2. In case the department has negotiated the rent with the house owner less than the rent assessed by the PWD/Rent Assessment Committee, the concerned department shall pay the rent to the house owner on the negotiated rates.
3. The rent approved does not include Electricity/Water charges, which has to be paid by concerned Department separately.
4. The date of occupation shall be verified by the concerned department before making the payment.
5. The concerned department shall ensure that the building is safe for occupation for the purpose it has been hired.
6. The approval is subject to the title verification from the concerned Tehsildar/Department; and
7. The department has not constructed the building so far, for the office/institution for which the instant building have been acquired on rent."
Annexure to order No. 02/DDC of 2022 dated 01.02.2022 S. No. Police Name of the House Owner Date of Area under Category Rent approved by (Rent Department with Residence Occupation Occupation Assessment Committee)
1. Police Chaman Lal Pandita & With effect Full building CD 01.03.1999 to 31.01.2003 = Department Ramesh Kumar Pandita Ss/o from occupied Rs. 2233/p.m. Late Jia Lal R/O 01.03.1999 (Rupees TwoThousand Khawajabagh Baramulla Two hundred and Thirty three per Month) 01.02.2003 to 28.02.2009 = Rs. 2824/p.m. (Rupees Two Thousand Eight hundred and Twenty four per Month) 01.03.2009 to 31.03.2013 = Rs. 5108/p.m. (Rupees Five Thousand One hundred and Eight per Month) 01.04.2013 to 30.09.2018 = Rs. 5418/p.m. (Rupees Five Thousand Four hundred and Eighteen per Month) 01.10.2018 to till date = Rs. 5779/p.m. (Rupees Five Thousand Seven Hundred and Seventy Nine per Month.)
06. The respondent-Deputy Commissioner, Baramulla has also placed on record order dated 01.02.2022 vide No. 02/DCB of 2022 whereby grant of rent in respect of the aforesaid land was issued.
4 OWP No. 858/2014
07. A perusal of the aforesaid order reveals that the DLRAC in its meeting held on 11.01.2022 has approved the case of the petitioner for grant of rent of the land in question as per the rates show below along with the following conditions which are reads as under:-
From To SRO/Date Amount per Kanal per
Annum
16.02.1998 15.02.2003 443 Rs. 2250/=
16.02.2003 15.02.2008 325 Rs. 3375/=
16.02.2008 15.02.2013 104 Rs. 16875/=
16.02.2013 15.02.2018 66 Rs. 27845/=
16.02.2018 Till date 540 Rs. 27843/=
"4. That the department shall pay the rent to the land owners as per the SRO issued by the Home Department.
5. The date of occupation shall be verified by the department before making the payment.
6. That no Government accommodation/land is available for the purpose."
08. Heard learned counsel for the parties and perused the record.
09. Since the rent has already been assessed with respect to the land and the building in question is concerned and, accordingly, a direction is issued to respondent No. 2 to release the rent as assessed by the DLRAC with respect to the land and building in question in favour of the petitioner after due verification within a period of four weeks from the date the copy of the order along with the writ petition is supplied to the respondent No. 2 by the petitioner.
10. In light of the fact that the rent has been assessed by the DLRAC and the order in this regard has been issued by the Deputy Commissioner, Baramulla which have been placed on record as Annexure-A & Annexure-B
11. Accordingly, nothing survives in the writ petition and the same is disposed of with the aforesaid direction.
12. The present petition is disposed of.
5 OWP No. 858/2014OWP No. 1081/2014
This Court vide order dated 18.04.2022 passed in CM No. 2448/2022 in OWP No. 1081/2014 has allowed the application filed by the petitioner by directing the Deputy Commissioner, Baramulla to get the assessment with regard to the rent payable for the premises in question and report, accordingly.
Mr. S. S. Nanda, learned Senior AAG appearing on behalf of Deputy Commissioner, Baramulla seeks some more time to comply with the aforesaid order. Time is extended by four weeks to comply with the same, positively.
Let a fresh compliance report be filed within the aforesaid period with a copy in advance to the learned counsel for the petitioner.
List on 07.12.2022.
(Wasim Sadiq Nargal) Judge Jammu 02.11.2022 Bunty