HOTEL NEDOUS Vs. STATE

JUDGEMENT

(1.) The present writ petition brings to the fore the absolutely unacceptable position where public premises of huge dimensions have been permitted to be exploited by the respondents for private commercial gain despite the admitted expiry of the lease as back as in 1985 without payment of a single penny since 1990 for such occupancy. The efforts of the respondents to proceed in accordance with law with action under the Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988 to evict these unauthorized occupants are sought to be interdicted by the present writ petition.

(2.) The petitioner has placed on record a government order dated 107.1963 permitting renewal of the lease of land, building and premises in favour of Col. Harry Nedou alias Ghulam Qadir (for a period of twenty years) with effect from the date of expiry of the existing lease).

(3.) The petitioner in this case claims under a Government Order dated 12.07.1963 whereby lease rights of two premises i.e., Nedous Hotels in Srinagar and Gulmarg under subsisting leases with M/s Nedous and Sons expiring on 104.1965 and on 01.01.1965 respectively were transferred for unexpired periods to Colonel Harry Nedou alias Ghulam Qadir. Pursuant thereto a lease deed was executed by the Government in his favour.