- (1.) These batch of writ petitions have been listed together since common questions are involved and as such all the matters have been heard together and are being disposed of by this common order.
(2.) In all these writ petitions, the relief prayed for is as follows: (i) For issuance of appropriate writ, order or direction for quashing/setting aside the conditions regarding shop allotment, as contained in Memo No.1170(ii) dated 13.7.2016 issued by the Respondent No.4 (Annexure-4) to the extent rent of the shops allotted to fire affected people has been fixed at a monthly rent of Rs.20/- per square feet, specially because the said fixation of monthly rent of the shops is wholly arbitrary, confiscatory in nature and discriminatory, being violative of Article 14 of the Constitution of India; (ii) For issuance of furher appropriate writ, order or direction, including writ of mandamus, directing the respondents, particularly, Respondent No.4 to take uniform decision and fix rent in respect of shops allotted in favour of fire affected persons commensurate with rent realized by the Respondent No.4 from the neighbouring shops constructed by the Respondent No.4 at Market Complex, Simdega; (iii) For issuance of further appropriate writ, order or direction, including writ of declaration, declaring that the respondent authorities cannot discriminate in the matter of fixation of rent and cannot fix rent in respect of shops allotted by it to fire affected person in an arbitrary and whimsical manner; (iv) For issuance of further appropriate writ, order or direction, directing the respondents to fix reasonable rent in respect of the shop allotted in favour of the petitioner, being fire affected person, keeping in view of the fact that the shop has been allotted in favour of the petitioner as a measure of rehabilitation and resettlement being a beneficial exercise undertaken by the Respondent-State of Jharkhand.
(3.) The brief facts as per the pleading made in the writ petitions are that in the district of Simdega shops were built at Daily Market, Sabji Mandi, Simdega which were temporary in nature settled in favour of the jobless persons by way of Sariat Settlement by the then Simdega Municipality. The rent @ Rs.2/ per square feet per month was being realized from the shop owners in whose favour the shops were allotted under the Sariat Settlement. In the month of March, 2010 due to fire at Daily Market, Simdega approximately around 80 shops situated at Daily Market, Simdega burnt, including the stock left in the said shop. The petitioners along with other victims who have sustained loss due to fire, have approached before the State Government seeking compensation as well as resettlement of shops in their favour by constructing new shops. Upon this an enquiry was conducted by the Sub Divisional Officer, Simdega and in pursuance thereto report was submitted before the Commissioner, South Chhotanagpur, Ranchi, in pursuance thereto altogether 69 shops owners have suffered loss due to the incidence of fire and the total loss was assessed at Rs.1,13,63,000/- . The Deputy Commissioner has also moved proposal before the State of Jharkhand for construction of shops of the affected persons by demanding a sum of Rs.92,59,000/- as a cost of construction of shops, and finally the shops have been constructed and decided to be allotted also in favour of the petitioners who are victim to the said incidence of fire, in pursuance to an agreement being agreement executed on 08.09.2016 and on different dates on the basis of certain terms and conditions as also the eligibility for consideration of candidature for allotment as has been mentioned in the Memo No.1170(ii) dated 13.07.2016. The validity of the agreement has been for a period of five years and after completion of the period of five years, within three months from the date of completion of the agreement from the date of expiry the renewal of the agreement can be resorted to. The specific condition has been provided for fixation of rate which provides that in the newly constructed building situated near the Bus Stand, the rate of rent for the shop situated in the ground floor would be Rs.30/ per square feet and Rs.25/ per square feet in the first floor while other shops the rate would be Rs.20/- per square feet with further condition that as per the requirement the terms and conditions can be changed and the settlement is to be made on the basis of lottery amongst the fire victim shopkeepers. The condition has also been inserted that within the period of 30 days from the date of lottery an agreement has to be enriched with the Executive Officer, Municipal Commissioner, Simdega and it is only thereafter the shops would be transferred. The rate of rent would be for a period of three years and after expiry of the period of three years it would be enhanced @ Rs.10/ per square feet. The petitioners after complying with the conditions stipulated therein as also by entering into the agreement on different dates as per the condition stipulated for allotment of shops they started running their business. The petitioners after accepting the terms and conditions of the agreement have questioned one of the terms and conditions about the rate of rent which according to them is exorbitant since it has been enhanced from 2 rupees per square feet to Rs.20 per square feet.;