Excelsior Correspondent
Srinagar, Feb 10: High Court today directed the Cantonment Board (CB) to pay Rs 10 lakhs as compensation to a tenant for his forcible eviction from the shop cum residential accommodation 24 years ago.
The petitioner-P N Sharma had filed the petition about 24 years ago seeking his eviction from the shop-cum-residential premises situated at Saddar Bazar, Badami Bagh Cantonment, Srinagar be declared as illegal, arbitrary and violative of constitutional guarantees.
He was also seeking that the Board be directed to restore the premises to him and an FIR be lodged against the responsible persons for committing criminal trespass.
Justice Sanjay Dhar after having regard to the case said the petitioner must have suffered loss to the tune of Rs 8 lakhs.
“Accordingly, while allowing the petitioner’s prayer for grant of compensation, the respondents are directed to pay an amount of Rs. 10 lakhs as compensation, which includes cost of the belongings of the petitioner taken over by the respondents and the damages on account of illegal action of the respondents”, Court concluded.
Court directed the compensation shall be payable by the respondent-Cantonment Board to the legal heirs of the petitioner within a period of two months from the date of this order, failing which it shall carry interest at the rate of 6% per annum from the date of this judgment till its realization.
Court said as per records he was tenant of Shop No. 5, Saddar Bazar B. B. Cantt, Srinagar, when Sharma was thrown out from the said shop way back in the year, 1998.
“…the Board even after forcibly taking over the possession of the premises in question did not even bother to inform the petitioner or his legal heirs to take custody of the articles that were lying in their office and instead they kept the same in a tin shed in a haphazard manner, as has been noted by the Commissioner in his report,” Court said.
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