GULSHAN KUMAR GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) THE Trikuta hills of Katra in Reasi District in the State of Jammu and Kashmir are the abode of Shri Mata Vaishno Devi Ji. It is one of the most revered places of worship in India. Millions of people, who follow Hinduism, with the earnest and avowed purpose of having blessings and Darshan of Shri Mata Vaishno Devi Ji (in Hinduism also known as Mata Rani and Vaishnavi, manifestation of Mother Goddess), after undertaking long journeys, reach Katra and then to the Shrine of Shri Mata Vaishno Devi. Approximately, eight million pilgrims visit the temple every year and it is the second most visited religious shrine in India. THE ever increasing number of pilgrims, it is pleaded, has crossed one crore in the year of 2011.

(2.) THE property of the Shri Mata Vaishno Devi Shrine was under the management of Dharmarth Trust. THE State Legislature initially in the year 1986, legislated law called "J&K Shri Mata Vaishno Devi Shrine Act, 1986 " and with the enactment of "J&K Shri Mata Vaishno Devi Shrine Act, 1988 " (for short the Act of 1988), the earlier Act of 1986 stands repealed. THE Act of 1988 is brought into existence for providing better management, administration and governance of Shri Mata Vaishno Devi Shrine and its endowments including the lands and buildings attached, or appurtenant, to the Shrine, beginning from Katra upto the holy cave and the adjoining hillocks which were under the management of Dharmarth Trust.

(3.) THIS land was leased out for a period of 99 years to one Mangat Ram Gupta (now dead), whose legal representatives have been brought on record, as also to Smt. Bholi Devi, appellant no. 2-herein. Lease deed was executed on 19 of August, 1994. The original owner of the land, JDA, in an open auction, had decided to lease out the aforementioned land to Sh. Mangat Ram Gupta and appellant no.2 as they quoted highest offer of Rs. 50.11 lacs as premium and had agreed to pay rent @ Rs. 100/- per marla/annum. Earlier a notice was issued by the JDA expressing its intention to dispose of the land on lease hold basis at a premium to be determined by open auction. The auction notice contained the conditions and paragraph 11 thereof is taken note of: