Jammu & Kashmir High Court
Nazir Hussain Mir And Others vs Uoi And Others on 17 August, 2021
S. No.01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 218/2008
Nazir Hussain Mir and others ...Appellant/Petitioner(s)
Through :- Mr. K. S. Puri, Advocate
v/s
<
UOI and others
't
.....Respondent(s)
Through :- Mr. Vishal Sharma, ASGI
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
JUDGMENT
1. In this petition, the petitioners whose land is under requisition with
respondents No. 1 to 4 are seeking a direction to the said respondents to release
the arrears of rental compensation of their hired/requisitioned land falling under
Jammu Municipality in terms of J&K Home Department Notification SRO No.
13 dated 11.01.1999 along with interest @ 18%.
2. The short grievance projected by the petitioners in this petition is
that they are petty land holders having their lands in the area falling in Poonch
Municipality (now Municipal Council, Poonch). Their lands have been
hired/requisitioned by the Union of India for defence purposes for the last several
years and they have been receiving rental compensation for the said lands
regularly. It is submitted that in terms of SRO 31 dated 16.02.1993, the
Government of J&K in exercise of powers conferred by Section 22 of J&K
Requisitioning and Acquisition of Immovable Property Act, 1968 (for short, the
Act of 1968) substituted Sub Rule 2-A of Rule 9 of the J&K Requisitioning and
Acquisition of Immovable Property Rules, 1969 (for short, the Rules of 1969)
and provided for different rates of rent payable to the owners of requisitioned
land falling in different categories. As is apparent from the reading of SRO 31 of
1993, the Government created seven different categories, which, for facility of
reference, are reproduced herein under:
"GOVERNMENT OF JAMMU & KASHMIR
CIVIL SECRETARIAT HOME DEPARTMENT
Notification
Jammu, the 16th February, 1993.
SRO 31 - In exercise of the powers conferred by Section 22 of the J&K
Requisitioning and Acquisition of Immovable Property Act, 1968, the
Government hereby directs that for sub-rule 2-A of rule 9 of the J&K
Requisitioning and Acquisition of Immovable Property Rules, 1960, the
following shall be substituted namely:-
"(2-A) In determining the compensation of agricultural and other lands
under clause (a) of sub-section (2) of section 8 of the Act, the Competent
Authority shall have regard to the following rates of rent which the
Government consider minimum for different categories of lands in the
State:-
S. No. Category of land Jammu Kashmir
Division Division
Per kanal Per kanal
Per annum Per annum
1. Class-1 Irrigated Rs. 500 Rs. 500
2. Class-II Irrigated Rs. 500 Rs. 500
In-irrigated Rs. 250 Rs. 250
3 Class-III Un- Rs. 175 Rs. 175
cultivable
4 Fruit bearing orchards Rs. 700 Rs. 700
5. City lands falling under Rs. 3000 Rs. 3000
Jammu Municipality or
Srinagar Municipality
including Jammu &
Srinagar Cantonments
6. Land falling Rs. 1500 Rs. 1500
under Town Area
Committees
7. Land falling under Rs. 1200 Rs. 1200
notified Area Committee
By order of the Government of Jammu and Kashmir.
Addl. Secretary to Government,
Home Department"
3. It is pointed out that though city lands falling under Jammu
Municipality and Srinagar Municipality were put at Serial No. 5 and the rate of
rent per kanal per annum was fixed as Rs. 3,000/-, yet the Government omitted to
mention the city lands falling under Poonch Municipality which has been
existing since the year 1935. Feeling aggrieved, the petitioners represented to the
Deputy Commissioner and higher authorities for inclusion and clubbing of the
city lands falling in the Poonch Municipality along with city lands falling in
Jammu Municipality and Srinagar Municipality indicated at Serial No. 05 of
SRO 31 of 1993. It is submitted that after protracted correspondence between the
Deputy Commissioner and the higher authorities of the State Government, SRO
No. 13 dated 11.01.1999 came to be issued whereby for the first time, city lands
falling in Poonch Municipality were also included and clubbed with city lands
falling under Jammu Municipality and Srinagar Municipality figuring at Serial
No. 05 of SRO No. 31 of 1993. Interpretation of SRO No. 13 dated 11.01.1999
whereby the grievance of the petitioners came to be redressed is bone of
contention in this petition and, therefore, SRO 13 of 1999 deserves to be
reproduced herein under:
"GOVERNMENT OF JAMMU & KASHMIR
HOME DEPARTMENT
NOTIFICATION
Jammu, the 11th Jan 1999,
SRO 13 - In exercise of the powers conferred by Section 22 of the Jammu
and Kashmir Requisitioning and Acquisition of Immovable Property Act,
1968, the Government hereby direct that for sub-rule (2-A) of rule 9 of the
Jammu and Kashmir Requisitioning and Acquisition of Immovable Property
Rules, 1960, the following shall be and shall always be deemed to have
been substituted; name ly:-
"(2-a) In determining the compensation of Agricultural and other lands
under clause (a) of sub-section (2) of section 8 of the Act, the Competent
Authority shall have regard to the following rates of rent which the
Government consider minimum for different categories of lands in the
State:-
S. Category of land Jammu Division Kashmir
No. Division
Per kanal Per kanal
Per annum Per annum
1998 1993 1988 1993
1. Class-1 Irrigated 325 500 325 500
2. Class-II Irrigated 300 500 300 500
In-irrigated 200 250 200 250
3 Class- Un-cultivable 100 175 100 175
III
4 Fruit bearing orchards 300 700 450 700
5. City land falling under 1950 3000 1950 3000
Jammu
Municipality/Srinagar
Municipality including
Srinagar and Jammu
Cantonments
6. Land falling (*) 975 1500 975 1500
under Town Area
Committees
7. Land falling (*) under 780 1200 700 1200
notified Area
Committee
(*) Subject to the approval of Ministry of Defence Government of India
By order of the Government of Jammu and Kashmir
Commr./ Secretary to Government,
Home Department.
No: Home/CL-49/76-II Dated : 11-01-99"
4. From a reading of SRO No. 13 dated 11.01.1999, it becomes
abundantly clear that vide this SRO, Sub Rule 2-A of Rule 9 of the Rules of 1969
was substituted retrospectively with effect from the issuance of SRO 31 of 1993.
This is so because the language used in SRO No. 13 dated 11.01.1999 i.e.
"following shall be and shall always deemed to have been substituted"
unequivocally conveys that sub rule 2-A of Rule 9 of rules of 1969 as it existed
in terms of SRO 31 of 1993 has been replaced and substituted from the date of
issuance of SRO 31 of 1993.
5. In that view of the matter, the argument of Mr. Sharma, learned
ASGI that SRO No. 13 dated 11.01.1999 is prospective in operation and
therefore, could not be applied to determine the rates for the period prior to 11th
of January, 1999, is without any substance and cannot be accepted. Otherwise
also, by clubbing Poonch Municipality with Jammu and Srinagar Municipalities
for the purpose of fixing rate of rent per kanal per annum, the State Government
has conceded that the rates payable for the city lands falling within the municipal
limits of Poonch ought to be on par with the rates of city lands falling in Jammu
and Srinagar Municipalities.
6. That apart, from a perusal of column Nos. 3 and 4 of SRO 13 of
1999, it clearly transpires that the revision of rates by virtue of SRO No. 13 dated
11.01.1999 is retrospective and is to be given effect from the year 1993. If that
being the situation, there is hardly any doubt that even in the year 1993 when
SRO 31 of 1993 was issued, the city lands in the municipality of Poonch were
entitled to be paid rent @ Rs. 3,000/- per kanal per annum.
7. For the foregoing reasons, we find merit in this petition and the
same is, accordingly, allowed. The petitioners are held entitled to rent of their
land @ Rs. 3,000/- per kanal per annum for the period w.e.f. February, 1993 to
February, 1998 minus amount already received. The respondents shall work out
the arrears of rent and disburse the same to the petitioners within three months
from today. Since the amount was unnecessary and without any reason withheld
by the respondents, the petitioners are also held entitled to interest @ 6% per
annum on the arrears that have become payable to them.
8. Disposed of accordingly.
(PUNEET GUPTA) (SANJEEV KUMAR)
JUDGE JUDGE
JAMMU
17.08.2021
Paramjeet
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No
