Excelsior Correspondent
JAMMU, Oct 29: High Court has imposed cost of Rs one lakh on Director General of Police for the litigation burden suffered by the petitioners for the situation not of their making.
The order has been passed in a petition filed by Kala Ram and others who are successors-in-interest of late Shardha Ram and all of whom have come to succeed to a piece of property existing in the form of a plot of land measuring 7 kanals and 18 marlas falling under Khasra No. 247 in village Kartholi, Ward No. 12 Bari Brahmana, Samba.
J&K Police Establishment’s Police Central Store in February 2013 came to lay its sight and hand on the plot of the petitioners for the purpose of coal dumping even though the petitioners were unaware and unwilling to let the Police Establishment make use of their plot property but felt helpless to convey displeasure to the then police officials.
The petitioners’ silence and submission was read as their consent to let the use and occupation of their plot by the Police Establishment for dumping of coal stock. The only saving satisfaction of the situation for the petitioners was that they were at least tempted with offer of monthly rental for the use and occupation of their plot by the J&K Police least realizing even that was to prove a mirage for them.
After hearing Advocate Ashok Basotra for the petitioners, Justice Rahul Bharti observed, “this court in the light of facts and circumstances hold that it is the rent assessment as made by the District Rent Assessment Committee Samba in terms of its Report No. DCS/SM/14-15/297-99 dated 30/03/2015 for the given two years period of occupation that is 2013-14 and 2014-15, which is to be applicable and payable from the respondents end to the petitioner and is to be so paid”.
“Further, this court for the un-assessed period of 2015-16, 2016-17 and 2017-18 directs the respondent— District Rent Assessment Committee Samba headed by the Deputy Commissioner, Samba to assess the corresponding rent rate for three years and convey the final rent assessment report to the respondent within a period of three months from the date of receipt of the present judgment by the Deputy Commissioner Samba”, Justice Bharti said.
“Upon receipt of the rent assessment report Director General of Police, J&K to make full and final payment of the entire rent for the period 2013-14 to 2017-18. The aggregate amount so payable to the petitioners is to bear interest at the rate of 9% pa with effect from October 2018 onward till actual payment of the entire amount”, High Court said.
Consequently, High Court quashed the respondent’s Order No. 558 of 2016 dated 19/02/2016 as being arbitrary and baseless.
“The compliance to the directions shall be carried out by DGP within period of two months from the date of receipt of the rent assessment report”, High Court said, adding “disposal of this writ petition cannot be without burdening the respondent with exemplary costs for the litigation burden suffered by the petitioners for the situation not of their making and as such an amount of Rs one lakh is awarded as cost payable in favour of the petitioners and to be paid by the DGP”.
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