SHAH CINEMA QAMARWARI SRINAGAR Vs. STATE OF J&K

JUDGEMENT

(1.) The case set up by the petitioner in the petition on hand, i.e., OWP bearing No. 1860/2014, in a nutshell, is that the Cinema run by him in Qamarwari, Srinagar, under the name and style of Shah Cinema, came to be occupied by the security forces in the year 1990. It was re-occupied by them in the year 2005. However, in the year 2012, an alternate accommodation was provided to the respondents-Security Forces, at HMT, Zainakote, Srinagar, as a sequel to which, they vacated the premises of the petitioner on 16-01-2012. However, instead of handing over the possession of the property to the petitioner, the 20th Battalion of IRP entered the premises and occupied it forcibly and they continue to occupy and possess the same at the moment.

(2.) The petitioner has further stated that he approached the respondents, by way of a representation, for the release of the rent due to be paid to him on account of the occupation and the use of his premises. Taking note of the representation, the respondent No. 7 took up the matter with the respondent No. 5, requesting him to consider the matter for settlement of the rent. In this behalf, the Occupation Certificate was also provided to the concerned authority, indicating therein that the property has been under the occupation of the security forces from January, 2012. It is further stated that despite representations and recommendations, the respondents have not released the rent till date in favour of the petitioner for using and occupying his property and he has suffered a huge loss on account of its misuse by them. The bath rooms and electric fittings of the building have been damaged beyond repair. The building is in a dilapidated condition and its renovation and up-gradation is warranted immediately.

(3.) It is further stated that the area in occupation of the respondents - security forces includes the entire premises of the petitioner comprising of 08 kanals of land and a built up area of 26 rooms, dormitory area measuring more than 30,000 Sft. It is further stated that as per their own showing, the respondents have taken over the possession of the premises on account of being economical in nature, as per the revised rate, in comparison to the rates required to be paid to the other accommodations, i.e., hotels and guest houses etc., which too are in the occupation of the security forces. It is further stated that after the security forces re-entered the premises of the petitioner in the year 2012, the petitioner, on the request of the respondent No.8, repaired and renovated the property, which was damaged by the 44th battalion of CRPF, who were in the possession of the premises before the year 2012. The petitioner has finally stated that the property in question is in the continuous occupation and possession of the respondents and despite repeated requests and recommendations for release of the rent, it has been paid to him to date. In the end, the petitioner has craved the indulgence of this Court in issuing a writ, in the nature of mandamus, commanding the respondents to release the rent in his favour for the occupation of his property with effect from November, 2005 till date with interest @ 18.5% on account of delay caused in the payment of the same.