BABU RAM Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(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 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, 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 vacant and free from encumbrances. The petitioners and others were occupying the shops and rooms either as tenants of M/s Ram Chand and others or were rank encroachers.