ISHTIAQ AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein is an Industrial Unit which manufacturer soaps of various varieties and is known as "John Soap Industries". Through the medium of this petition filed by its Managing Director, the writ jurisdiction of the Court vested under Art. 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir has been invoked. Direction is sought against the respondents to vacate the premises of the said Industrial unit which is situated in village Lethapora of Srinagar District. Compensation for unauthorised use and occupation of the said premises as well as loss suffered on account of the closure of the said unit is also claimed. It has inter-alia been pleaded that in the year 1982, the petitioner unit stepped into the shoes of the original promoters of the Unit in question as the same had become non-functional- The Unit was brought on the rails after making huge investments. Skilled and unskilled workers were employed and the Unit used to manufacture three varieties of soaps. During the month of March, 1993, respondents forcibly occupied the premises of the said Industrial Unit and ever since then are in possession thereof. The petitioner many a times asked respondent No. 3 for the vacation of the premises but all such efforts ended in vain. Respondents have also caused extensive damage to the structures. Vacation of the said premises is sought from respondents 3 to 6 and compensation for the loss of the business, use and occupation as well as actual damage caused to the structures is sought from respondent No. 1.

(2.) Respondents in their objections have raised preliminary objection regarding the maintainability of the writ petition on the plea that questions of fact are involved to be determined in this case which cannot be get done while exercising the writ jurisdiction. It is admitted that column of 79 Med. Regt. Unit (respondent No. 4) occupied the vacant sheds on November 24, 1993 but vacated the same on Dec. 6, 1993. Thereafter, they again entered into possession on April 30, 1994 and vacated the same on May 16, 1994. The column of 1872 Lt. Regt. (respondent No. 5) occupied the premises in Dec. 1993 and vacated the same on May 13, 1994. That column of 66 FD Regt. (respondent No. 6) entered the vacant sheds of the Unit in question on September 20, 1993 and vacated the same on May 2, 1994. 'The column of 1 RR moved near the location of the premises of the petitioner in February, 1993 and pitched up their tents in the open space. It is also pleaded that the petitioner had received threats from the militants. They had been extorting the petitioner to pay them lump-sum in the amount of rupees one lakh. The petitioner could not meet the demand and under lurking fear abandoned the premises which were lying vacant. Since, the petitioner apprehended danger at the hands of the militants to the structure of the factory so he made requests to the concerned officers of the respondents to occupy the vacant sheds. The occupation of the vacant sheds was taken from the concerned chowkidars of the petitioner-Industrial Unit namely Kulwant Singh and Rattan Singh, The possession of these sheds was resorted to them when the sheds were vacated. The factory building and the laboratory blocks always remained under the lock and key of these chowkidars. It is denied that any damage was done to the building or for the acts of the respondents the business of the factory was closed.

(3.) Heard the arguments of the counsel appearing for the parties.