BHIM SINGH Vs. D D THAKUR

JUDGEMENT

(1.) THIS batch of three writ petitions seeks to challenge the validity of certain transactions culminating in the issuance of Government order No. 991 -UD of 1980 dated 26 -8 -1980

(2.) BEFORE proceeding further, it would be proper to note certain salient facts, which stand ad ­mitted through the pleadings of the parties.

(3.) M /s Modern Hotel Pvt. Ltd. (hereinafter called the respondent) obtained, in open auction, a plot of land measuring 4 kanals situate adjacent to the General Bus Stand, Jammu, on lease, for a premium of Rs. 2 lakhs from the Jammu Develop ­ment Authority (here -in -after referred to as J. D. A) and a registered lease deed was executed between the parties on 26 -6 -1975. Some where in March, 1980, there was a move from the Government to acquire that site (herein -after referred to as the Hotel Site) and the structures standing thereon for a public purpose and the J. D. A. was approached by the Government in this behalf. The Dy. Commis ­sioner being of the opinion that the value of the hotel site on which structures had been raised was rather high mooted an idea of exchange of the hotel site with the land in question (here -in -after referred to as the Cinema Site) vide his letter No 602/N/76 -J7/116 dated 14th May, 1980. On learning about the proposal to acquire the hotel site and the struc ­tures standing thereon, the respondent approached the State Government to resist the acquisition as lot of investment had been made by the respondents to raise construct on the hotel site and no benefit had been received there from. The respondent in this connection wrote to the Commissioner Housing and Urban Development Department J&K Govern ­ment on 19 -8 -1980 that it will be extremely unfair on the part of the Government to deprive me of the hotel site on which the work had been started years back and I have not derived any benefits so far. The said site, because of developments within the area and being located in the heart of the city will become extremely valuable from commercial point of view. I would pray that I may not be deprived of this site. The question of alternate site of B. C. Road near Petrol Pumps can be considered only that through culmination in case I am permitted to utilise it for construction of a Cinema. However, I trust that the original site will be retained by me.