FAIZ AFZAL KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has approached this Court seeking a command to Director Estates, Jammu and Kashmir Government, respondent no.3, to enhance the rent of petitioners building comprising of 30 rooms situated at Wazir Bagh, Srinagar, from 2% to 6=% of the market value of the land underneath and appurtenant to the building with effect from 27.10.2001 when it was occupied by the respondents.

(2.) PETITIONERS building was occupied by R&B Construction Division -II, Srinagar on 27.10.2001 for housing its Sub Divisional Offices. The monthly rent of the building is stated to have been fixed at Rs. 25,000/ - with effect from 27.10.2001 to 31.1.2003 and Rs. 30,000/ - with effect from 1.2.2003 onwards.

(3.) THE rent is stated to have been fixed after taking into consideration the cost of the land underneath and appurtenant to the building on the statement of Settlement Tehsildar Srinagar that the market value of land per kanal in Wazir Bagh area was Rs. 25 -30 lacs. The market value of the land at the time of filing of the writ petition i.e. in 2007 is stated to be in the neighbourhood of rupees one crore per kanal.