Decided on July 28,1982

BHIM SINGH Appellant
D D Thakur Respondents


- (1.) THIS batch of three writ petitions seeks to challenge the validity of certain transactions culminating in the issuance of Government order No. 991 -UD of 1980 dated 26 -8 -1980
(2.) BEFORE proceeding further, it would be proper to note certain salient facts, which stand ad ­mitted through the pleadings of the parties.
(3.) M /s Modern Hotel Pvt. Ltd. (hereinafter called the respondent) obtained, in open auction, a plot of land measuring 4 kanals situate adjacent to the General Bus Stand, Jammu, on lease, for a premium of Rs. 2 lakhs from the Jammu Develop ­ment Authority (here -in -after referred to as J. D. A) and a registered lease deed was executed between the parties on 26 -6 -1975. Some where in March, 1980, there was a move from the Government to acquire that site (herein -after referred to as the Hotel Site) and the structures standing thereon for a public purpose and the J. D. A. was approached by the Government in this behalf. The Dy. Commis ­sioner being of the opinion that the value of the hotel site on which structures had been raised was rather high mooted an idea of exchange of the hotel site with the land in question (here -in -after referred to as the Cinema Site) vide his letter No 602/N/76 -J7/116 dated 14th May, 1980. On learning about the proposal to acquire the hotel site and the struc ­tures standing thereon, the respondent approached the State Government to resist the acquisition as lot of investment had been made by the respondents to raise construct on the hotel site and no benefit had been received there from. The respondent in this connection wrote to the Commissioner Housing and Urban Development Department J&K Govern ­ment on 19 -8 -1980 that it will be extremely unfair on the part of the Government to deprive me of the hotel site on which the work had been started years back and I have not derived any benefits so far. The said site, because of developments within the area and being located in the heart of the city will become extremely valuable from commercial point of view. I would pray that I may not be deprived of this site. The question of alternate site of B. C. Road near Petrol Pumps can be considered only that through culmination in case I am permitted to utilise it for construction of a Cinema. However, I trust that the original site will be retained by me. After the receipt of this letter, the State of Jammu and Kashmir vide its order No. 991 -UD dated 26 -8 -1980, accorded sanction to the exchange of lease hold rights of the respondents over the hotel site with a piece of land measuring 5 kanals and 15 sq. ft, the cinema site, on the terms and conditions set out in the order itself. The said order reads as follows: - "Government order No. 991 -UD of 1980 Dated 26 -8 -1980, Sanction is accorded to the exchange of lease hold rights in respect of a piece of land measuring four kanals (Hotel site) situated at Bus stand, Jammu owned by the Jammu Development Authority and presently under the lease hold right of M/s Modern Hotels Ltd. Jammu with a piece of land measuring five kanal and thirteen square feet (Cinema site) situated at B. C. Road, Jammu belonging to the Jammu Development Authority in favour of M/s Ram Chand Mahajan and others the proprietors of M/s Modern Hotel Ltd. Jammu on the same terms and conditions as originally stipulated in respect of Hotel site and payment of such compensation to Jammu Development Authority by the Government as may be determined by a Committee of Officers comprising Commissioner Housing and Urban Development Department, Vice Chairman Jammu Development Authority, Chief Engineer R & B Jammu and the Deputy Commissioner Jammu as its members. Sanction is also accorded to the intiation of the proceedings for acquisition of the struc ­tures standing on the Hotel site near the Bus Stand. It is further ordered that : (a) M/s Modern Hotels Ltd. shall pay a pre ­mium of Rs. 1 lacs to the Jammu Development Authority for the additional land of 1 kanal and 13 sft. situated at B. C Road, Jammu. (b) The area of 5 kanals and 13 sft. will be used as Cinema House would be subject to the fulfillment of normal conditions for grant of Licence. By order of the Government of Jammu and Kashmir. Sd/ - (S D. Punjabi) Additional Secretary to Govt. Housing & U. D. Department.";

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