STATE OF JAMMU AND KASHMIR Vs. MST KHAZRI
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JAMMU AND KASHMIR
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J.P.SINGH, J. -
(1.) Ghulam Ahmad Kuchay and his sons filed writ petition OWP No. 245/2000 in this Court seeking appropriate directions against the respondents to restore forthwith the possession of second floor of their building situated at Qamarwari Chowk, Srinagar, which had been forcibly occupied by the respondents and to pay damages/compensation of rupees five lacs (Rs. 5.00 lacs) to the petitioners.
(2.) They claimed this relief on the premise that the State and its functionaries in the police department had broken open the locks of the second floor of their premises located at mohalla Qamarwari Chowk, Srinagar, in May/June 1997 and occupied It without the consent of the petitioners. The inquiries made by the petitioners revealed that the State functionaries had forcibly occupied their premises for providing protection to one Molvi Iftikhar Hussain Ansari, the then Minister for Housing and Urban Development, whose house and business premises were located Just opposite the house of the petitioners. All their attempts to seek restoration of possession of their premises, they say, remained unheeded as the State functionaries did not bother to care for the fundamental and constitutional rights of the petitioners.
(3.) Appellant, State, in reply to the case projected by the writ petitioners, admitted their occupation of the premises of the petitioners but asserted that their occupation was at the behest of the petitioners to ensure protection of the building and the surroundings because the same would be occupied by the militants, who would operate therefrom in carrying out their subversive activities. They further urge that in 1997, the security forces as well as Molvi Iftikhar Hussain Ansari had been attacked from the building of the petitioners and that at the backside of the building there were several link roads and clusters of residential houses, which situation, according to the respondents, had been utilised by the militants to attack the security forces as well as Molvi Iftikhar Hussain Ansari, who being a V.l.P,/ protected person was required to be protected, They claimed the building of the petitioners to be of a strategic point, which was required to be utilised to protect the V.l.P. and security personnel against the attack of the militants. The appellants further urged that the State Government had the power to occupy the building by resorting to requisitioning and acquisition process. They urged that this mode was not resorted to because the petitioners had themselves consented to the occupation of the building by the State functionaries in the Police Department.;
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