Jammu & Kashmir High Court - Srinagar Bench
Jai Kishori And Others vs U.T Of J&K And Others on 30 August, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 3
Regular
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 88/2021
CM 257/2021
Jai Kishori and Others ...Petitioner(s)
Through: Mr. Parvaiz Nazir, Advocate
Vs.
U.T of J&K and Others ...Respondent(s)
Through: Ms. Asifa Padroo, A.A.G.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
30.08.2022
1. In this petition the petitioners have prayed for a direction to the respondents to revise and fix the rent for their properties under occupation of the respondents retrospectively and pay the same in favour of the petitioners. The petitioners claim that they are owners in possession of residential houses of two storeyed and three storeyed buildings with attic, cow sheds with land appurtenant thereto situated at Kharman Hanood, Handwara.
2. The petitioners had to leave their homes and hearth due to turmoil in the valley during the year 1990. Their residential houses, as also the land appurtenant thereto, were occupied by the respondents in the year 1990. The rent payable to the petitioners was got assessed from the Rent Assessment Committee, Kupwara, which was done by the committee vide order No. 85/DDCK of 2003, dated 22.03.2003. The monthly rent with regard to the residential houses of the petitioners was fixed as Rs. 2800, 3000 and 5000/- respectively. This monthly rent of the residential houses of the petitioners has been revised from time to time.
3. As per the reply affidavit filed by the respondents last revision of the monthly rent of the residential houses of the petitioners was undertaken in the year 2013 and as a result, the petitioners have been receiving a sum of Rs. 52,00 per month, 6,000/ per month, and 9,500/ per month, respectively. So far as the rental of the land appurtenant to these residential houses of the petitioners is concerned, the same too has been revised by the respondents from time to time, and the last revision, as per reply affidavit filed by the respondents, took place in the year 2020.
4. In the aforesaid admitted factual scenario, the argument of the learned counsel for the petitioners is that nine years have passed since the last revision of the monthly rental of the residential houses of the petitioners was undertaken, and, therefore, it is obligatory upon the respondents to revise the rent suitably, as per the guidelines which they have framed for the purpose, so that the petitioners are adequately compensated for the deprivation of their immovable property.
5. In Paragraph 4 of the reply affidavit, the respondents have virtually admitted that re-assessment of the monthly rent payable to the petitioners qua the residential houses is due and is required to be undertaken by the Rent Assessment Committee, Kupwara. What is stated in Paragraph 4 of the reply affidavit of respondents is reproduced as under:
"That it is further submitted that the rent assessment in respect of house buildings as well as the land pertains to the Chairman Rent Assessment Committee, Kupwara. However, as soon as the rent is re-assessed by the competent authority, the same shall be paid to the petitioners without any delay."
6. Having heard learned counsel for the parties and perused the material on record, I am of the opinion that in view of admitted position adumbrated hereinabove, the plea of the petitioners that the respondents need to undertake a fresh rent assessment exercise of their residential houses, for revising the monthly rental cannot be said to be without any substance and basis. As per the reply affidavit filed by the respondents, the last revision of the rent was undertaken with effect from 31st March, 2013. Nine years have passed, and there is thus a dire need to re-assess the rent as the prices of commodities and cost of living have gone up. The monthly rent, which was payable in the year 2013, cannot be paid in the year 2022, as well. It is because of this reason the respondents have been undertaking periodical revision of rent with the assistance of the Rent Assessment Committee of the concerned district.
7. In view of the above, this petition is disposed of by providing as under:
a) That the cases of the petitioners for revision of their rent shall be submitted by the respondent no. 2 to the Rent Assessment Committee, Kupwara, headed by District Development Commissioner, for re-assessment and revision of the rent in respect of their residential buildings in accordance with the norms and guidelines in vogue within a period of four weeks from today.
b) The respondent no. 2, shall submit the complete case of the petitioners with all the requisite documents to the District Development Commissioner, Kupwara, to be placed before the Rent Assessment Committee, within aforementioned period.
c) That the District Development Commissioner, Kupwara, shall take necessary steps to convene the meeting of the Rent Assessment Committee to deliberate and decide the revised rent qua the residential houses of the petitioners taken on rent by the respondents with six weeks after receipt of request from respondent no. 2
d) That consequent upon revision of the rent made by the Rent Assessment Committee, the respondent no. 2 shall pay the revised rent to the petitioner as also the arrears, if any, payable on account of retrospective revision, within a period of one month after the report/recommendations from the Rent Assessment Committee are received.
8. Disposed of.
(SANJEEV KUMAR) JUDGE SRINAGAR 30.08.2022 "Mir Arif"