M.R.INDUSTRIES Vs. STATE OF J&K

JUDGEMENT

(1.) The appellant through the present Miscellaneous Appeal has challenged order dtd. 22/7/2013, passed by learned Additional District Judge, Srinagar, whereby application of the appellant for grant of temporary injunction has been dismissed.

(2.) It appears that the appellant/plaintiff has filed a suit before the Court of learned Additional District Judge, Srinagar, inter alia, seeking an injunction against the respondents/defendants restraining them from interfering with the use and occupation of plot of land bearing No.63-C situated at Industrial Estate Zainakote, Srinagar.

(3.) In the plaint, the case set up by the plaintiff is that it is a Small Scale Industrial Unit, to which 2 kanals of land, situated at Industrial Estate Zainakote, Srinagar, was allotted by the respondents in terms of lease deed dtd. 28/6/2006. It has been pleaded that the plaintiff was permitted to undertake additional activities by the respondents, whereafter, he was tacitly allowed by the respondents to utilize the additional space in the form of adjacent plot of land bearing No.63-C. According to the plaintiff he has been paying ground rent charges to the respondents for use of said plot of land. It has been further pleaded that the plaintiff has approached the defendants time and again with a request to issue a formal allotment order in its favour in respect of aforesaid plot of land in consonance with the industrial policy of defendant No.1. However, according to the defendants the plaintiff has encroached upon the additional plot of land which is a migrant property. It is the case of plaintiff that stand taken by the defendants is not correct and that plaintiff has been tacitly allowed to use the additional plot of land. Therefore, the defendants cannot evict the plaintiff from the occupation of Plot No.63-C, without following due process of law as mandated in terms of Public Premises (Eviction of Unauthorised Occupants) Act.