PREM LATA Vs. JDA

JUDGEMENT

(1.) Present case has a chequered history of about 37 years as it traces its origin to the year 1986, when a piece of land measuring 38600 sft. situate at Rail Head Complex was allotted by the respondents in favour of the original petitioner, namely, Kranti Gosh (now deceased) and he was put into possession. A hotel by the name and style of "Kranti Hotel" was raised on this piece of land. A writ petition, being OWP No. 582 of 1992, was filed in this Court, whereby it was claimed by the petitioner that he had been assured by the respondents that adjoining plot of land measuring 4.5 kanals would also be allotted in his favour. The said writ petition was dismissed by this Court on 22/5/1998. The Letters patent Appeal, being LPA(W) No. 93 of 1998, filed by the petitioner against the judgment of the writ Court was also dismissed by a Division Bench of this Court on 1/10/1999 with the following observations:

(2.) The petitioner preferred a review petition, being Review (LPA) No. 85 of 1999 against the aforesaid judgment dtd. 1/10/1999 passed by learned Division Bench.

(3.) The case set up by the petitioner is that during the pendency of the review petition, a notice dtd. 31/3/2000 came to be published in Daily Excelsior Newspaper on 20/4/2000 whereby he was directed to deposit Rs.95.50 lacs, assessed at the market rate prevalent from time to time, as use and occupation charges of the plot of Jammu Development Authority (JDA), under his unauthorized occupation, within a period of one month. When he came to know about the aforesaid notice, he addressed a communication dtd. 29/4/2000 to respondent No. 2, which was received on the same day, whereby respondent No. 2 was informed that the assessment of occupation charges could not be made at his back and he also prayed for copies of various orders like assessment proceedings, assessment order, criteria, if any, adopted in ascertaining the damages. This communication was followed by communications dtd. 11/5/2000, 17/5/2000 and 26/5/2000, stated to be received by the respondentauthorities, on the same day thereby reiterating the earlier requests made in the first communication dtd. 29/4/2000. Subsequently, the review petition filed by the petitioner against the Division Bench judgment was also dismissed by this Court on 4/4/2006. Petitioner subsequently received another notice dtd. 24/5/2006 from respondent No.3-Tehsildar (Recovery) JDA, Jammu asking him to cause his personal appearance before him for payment of Rs.95.00 lacs being rent of "Kranti Hotel".