SWAMI HARI BAKET CHAITNAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are the owners of property known as Vishwayatan Yog Ashram situated at village Arli Hansali Tehsil Reasi where Yoga Education is imparted by the petitioners. The respondent No.2 has occupied a part of buildings, halls and rooms in different blocks of different dimensions and sizes duly furnished with modern facilities, including space and land appurtenant land thereto from May 1994. In addition to this, they have pitched their tents on the portion of adjoining vacant land for providing shelter to the Jawans. The detailed description and dimensions of the property in possession of the respondents have been described in the memo of the writ petition. The respondents have not paid any rent or compensation for the use and occupation of the said property to which the petitioners are entitled and the respondents are bound to pay as per the rates prescribed by the State.

(2.) THE respondents in their reply affidavit did not deny the occupation of the property but their stand is that they are para military forces directly under the control of the Central Government and have been deployed in the State of J&K at the request of State Government. It is the duty of the State Government to pay compensation to the petitioners and not of the Central Government.

(3.) I have heard learned counsel for the parties.