R S AUTO ENGG Vs. STATE

JUDGEMENT

(1.) O.W.P. No. 401/95 was listed along with the record of OWPs No. 828 and 97 of 1995. In both petitions, OWPs 401/95 and 828/95, petitioners are represented by Mr. N. P. Kotwal, advocate. OWP No. 828/95 also carries an order of the Court for joint consideration of OWPs 95/95, 401/95 and 828/95. Therefore, it was deemed proper to take up all these petitions for disposal by one common judgment as they raise identical questions of law and facts as also on the request of parties after treating them admitted to hearing.

(2.) Petitioners claim that they were allotted shops at Nehru Market in Warehouse, Jammu, by the Estates Department and have remained in possession for the last about 30 years carrying on their business. In or around 1987, the Jammu Development Authority (JDA) is said to have prepared a masterplan for development of the Jammu city whereby it was decided to shift the warehouse to New Transport Nagar at Narwal and to establish a Bus stand at the Warehouse for Kathua and R. S. Pura stations. In the meanwhile shops and godowns etc. owned by the Estates Deptt. were transferred to the JDA vide Govt. Order No. 266-Estt of 1994 dated 22-11-1994 whereby JDA was empowered to evict the traders from the shops and godowns and it was provided that the shops in question after eviction would be put to auction and the revenue generated thereof utilised for the development of the Bus Stand as per the proposal of M/S RITES. A committee was accordingly constituted to prepare a scheme for rehabilitation of the shop-keepers who were running their shops at the Warehouse and subsequently the JDA reportedly entered into some negotiations with the shop-keepers and obtained undertakings from them to vacate the shops in their occupation in lieu of the alternate shop sites to be allotted to them at the New Transport Nagar, Narwal. Petitioners' grievance is that instead of allotting them shops at Narwal, JDA had only allotted them shop sites against the payment of regular premium and rent which was not in tune with the spirit of their rehabilitation and as such undertakings obtained from them on misrepresentation of facts were void. They pleaded that they remained in possession of the shops at Warehouse because of this and paid rent to the JDA and that the undertakings executed by them had no sanctity. They also pleaded that under the approved plan, structures in the Warehouse were required to be demolished. But now the plan had undergone a change as the Bus Stand was near completion and the shops in their occupation were not to be demolished. So much so that the shops at the back of Asia Hotel were allotted by the JDA on the first come first served basis and that the shops in their possession were also required to be auctioned. They apprehended forcible eviction from the shops from the JDA and filed these petitions for the issuance of a writ of prohibition restraining the respondents from evicting them from the shops under their possession and from interferring in their business in any manner pursuant to Govt. Order No. 266-Estt of 1994 dated 22-11-1994.

(3.) The writ petitions are resisted by the JDA on the plea that the same were not maintainable as the petitioners had already filed a civil suit on the subject-matter and on the ground that the petitioners stood allotted shops sites at Transport Nagar, Narwal on a nominal price in lieu of the shops under their possession at Warehouse, whereupon they had already constructed their shops and were running their business. They had also executed an undertaking with the JDA to vacate their shops as soon as their shops and structures were complete on the alternate shop sites allotted to them at Transport Nagar, Narwal but had now resorted to litigation to go back on their word. It is explained that different surveys and studies were conducted by various agencies with a view to tackle the multifarious problems faced by Jammu city and in this connection comprehensive plan submitted by M/s RITES was ultimately accepted and was in the process of implementation. The recommendations made in this report include widening of roads, shifting of the Bus Stand etc. from Jammu city to other suitable place. The Bus Stand for Kathua and R. S. Pura routes was suggested to be shifted to Warehouse and accordingly considerable amount of money was required for establishment of this Bus Stand. Additionally, most of the structures in Warehouse were required to be partly removed, changed and modified as per the requirements of the Bus Stand and in conformity with the plan lay out. It was in this background that the JDA was authorised vide Govt. Order dated 12-11-1994 to evict the shop-keepers including the petitioners in Warehouse after they were allotted alternate shop sites at Narwal and put such shops to auction as were not required to be demolished for financing the Bus Stand Project for which the Government had declined to lend any finance. It was in this background that the shop-keepers in the Warehouse including the petitioners were required to surrender the possession of the shops and to stand by their commitment made in their undertakings.