Excelsior Correspondent
Srinagar, Mar 20: High Court has quashed the orders of enhancing the rent unilaterally citing the same is not permissible under law
Justice M A Chowdhary quashed the orders and notice issued to the tenant by the Jammu Municipal Corporation by holding that the unilateral and retrospective enhancement of the rent of the petitioner’s flat vide impugned notices, being unjust, cannot be permitted in accordance with law.
The petitioner-tenant, through the medium of the instant petition sought quashing the notices and order issued by the Jammu Municipal Corporation increasing therein the rent of the flat under the tenancy of the petitioner-Sahib Saran Khajuria by 20% or Rs. 1000.
It has been pleaded that he was allotted flat No. 8 of Municipal Flats at Sabzi Mandi, Jammu by the then Municipal Committee Jammu, in the year 1974 at a monthly rent of Rs. 60 which was increased from time to time.
It has been however, alleged by the petitioner-Khajuria that the Assistant Commissioner (Rev.) Municipal Corporation, issued the impugned Notice No. JMC/RB/4072 dated 08.01.2015 intimating the petitioner that the rate of the rent in respect of Municipal Flats has been increased by 20% or Rs. 1000, whichever is higher and asked the petitioner to clear his outstanding on account of balance rent of flat w.e.f 01.04.2012 to which the petitioner sent a detailed reply.
However, without consideration of the reply, the respondents issued another Notice No. JMC/RB/9216 dated 03.03.2015 calling upon the petitioner to pay Rs. 14,400 as outstanding arrears within seven days, failing which, the sealing of the premises/flat was threatened.
Justice MA Chowdhary while quashing all the notices and order of enhancing the rent unilaterally held that it was not permissible for the respondent to revise the rent twice in the same year.
The court said that notice requiring the petitioner to pay the revised rent increasing it to 100% was not permissible and was done in violation of the principles of natural justice.
The court, however, granted liberty to JMC to enhance the rent as per its policy after affording an opportunity of being heard to the petitioner from April, 2015 and adjust the rent, if any, paid after April, 2015 by the petitioner, towards the arrears.
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