BHIM SINGH Vs. D D THAKUR
HIGH COURT OF JAMMU AND KASHMIR
D D Thakur
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(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
(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
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
By order of the Government of Jammu and Kashmir.
Sd/ - (S D. Punjabi) Additional Secretary to Govt. Housing & U. D.
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