Jammu & Kashmir High Court
Ravinder Singh Jamwal vs Jammu Municipal Corporation & Anr on 5 February, 2021
Serial No. 103
Supplementary-1 List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(Through Virtual Mode)
WP(C) No.73/2021 c/w
WP(C) Nos. 2097/2020; 74/2021; 2091/2020; 2092/2020; 2093/2020;
2094/2020; 2096/2020; 2097/2020; 2098/2020; 2099/2020; 2100/2020;
2101/2020; 2102/2020; 2103/2020; 2104/2020; & 2105/2020
Dated: 5th of February, 2021
Ravinder Singh Jamwal
.....Petitioner(s)
Through: -
Mr R. K. Gupta, Senior Advocate with
Mr Jugal Kishore Gupta, Advocate
Mr Ashok Misra, Advocate.
V/s
Jammu Municipal Corporation & Anr.
.....Respondent(s)
Through: -
Mr Sachin Gupta, Advocate
Mr Sunil Gupta, Revenue Officer, Jammu Municipal Corporation present.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Hon'ble Mr Justice Puneet Gupta, Judge.
(JUDGMENT)
{Per Magrey; J}:
01. During the course of hearing the learned counsel for the parties
in these three listed petitions, Mr Sachin Gupta, the learned Standing
Counsel for the Jammu Municipal Corporation, submitted that some more
Writ petitions, involving similar facts and the law, are sub judice before the
learned Single Judge, which may also be clubbed/ heard with the instant
petitions and decided by way of a common order by this Court itself. This
proposition of the learned counsel for the respondents is not opposed to by
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the learned counsel for the petitioners. Given this position, we called for the
records of the said Writ petitions and found that all these petitions are in fact
similar in nature, both in relief and the law, and thus, we club the said
petitions with these petitions and propose to dispose of all these petitions by
virtue of the common order.
02. In order to set straight the records, we feel it necessary to record
the details of the Writ petitions clubbed as aforesaid, which are: (i) WP(C)
Nos. 2091/2020; (ii) 2092/2020; (iii) 2093/2020; (iv) 2094/2020; (v)
2096/2020; (vi) 2097/2020; (vii) 2098/2020; (viii) 2099/2020; (ix)
2100/2020; (x) 2101/2020; (xi) 2102/2020; (xii) 2103/2020; (xiii)
2104/2020; and (xiv) 2105/2020.
03. The petitioners, in all these petitions, claim to be retired
employees of the Jammu Municipal Corporation (hereinafter referred to as
the respondent Corporation) and that they, while in service, were allotted
municipal flats/ accommodation/ quarters in various areas of the Jammu
City. It is contended by the petitioners that since they were having no
residential accommodation in Jammu city and, as such, it became imperative
for them to retain these accommodations under the policy of the respondent
Corporation notified in the shape of the Jammu and Kashmir Allotment of
Municipal Corporation Residential Accommodation Bye Laws, 2020 dated
17th of December, 2020 vide notification No.696 of 2020 dated 17th of
December, 2020. The petitioners plead that in terms of Clause 47 of the
aforesaid Bye Laws, they fall in the category of authorized occupants as
retired employees of the Corporation and that they, having valid allotment
WP(C) No. 73/2021
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orders, are entitled to retain the accommodation in question subject to
payment of licence fee at market rates as may be determined under these
Bye-Laws with upward revision of rent @ 15% after every 3 years.
04. On notice having been issued, the respondent-Jammu
Municipal Corporation has filed objections in one of the clubbed Writ
petitions, being 'WP(C) No.2097/2020 titled 'Sarla Kotwal v. Municipal
Corporation, Jammu & Ors.', wherein it is stated that in view of the Bye-
Laws framed by the respondent Corporation, the cases of these petitioners
will be examined under Bye-Laws and if the petitioners are found entitled,
the new terms and conditions will be drawn as per the Bye-Laws and,
accordingly, the petitioners will not be evicted, if the cases are not covered
under the Bye-Laws, the consequences as per the Bye-Laws will follow.
Besides, Mr Sachin Gupta, the learned counsel appearing for the respondent
Corporation, when asked, submits that the objections filed in case of 'Sarla
Kotwal v. Municipal Commissioner, Municipal Corporation Jammu &
Ors., be adopted in all the other connected cases. This statement of the
learned counsel is taken on record.
05. Heard the learned counsel for the parties, perused the pleadings
on record and considered the matter.
06. There is no denial of the issuance of notification No.696 of
2020 dated 17th of December, 2020, issued by the respondent Corporation on
the subject of allotment of residential accommodation in favour of its in-
service as well as retired employees in the shape of the Jammu and Kashmir
Allotment of Municipal Corporation Residential Accommodation Bye Laws,
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2020, however, the only question is whether the retired employees of the
Corporation are entitled to claim retention of the aforesaid accommodation
as a matter of right, however, this question specifically falls within the
domain of the competent authority in the respondent Corporation to be taken
in total adherence to the Bye-Laws of 2020 and/ or any Amendment
provision in the said Bye-Laws, if any. The petitioners, in all these petitions,
are not claiming the benefit of retention of accommodation on the strength
of any law, but their entire case is dependent on the mandate of the Bye-
Laws of 2020 issued by the Corporation. In that view of the matter, we were
not inclined to grant any relief in favour of the petitioners in absence of any
law on the subject, but the learned counsel for the parties have agreed for
disposal of all these writ petitions with direction to the competent authority
in the respondent Corporation to consider and decide the cases projected by
the petitioners in these petitions strictly in tune with the Jammu and Kashmir
Allotment of Municipal Corporation Residential Accommodation Bye-Laws,
2020, with regard to which we feel no difficulty in acceding to such a
request.
07. In the above background, all these petitions are disposed of
with a direction to the Commissioner, Jammu Municipal Corporation to
consider and take a decision with regard to the claim of the petitioners in
strict accordance with the mandate of the Jammu and Kashmir Allotment of
Municipal Corporation Residential Accommodation Bye-Laws of 2020.
Consideration, in this behalf, shall be affected and decision taken within one
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month from today and, till such time consideration as such is accorded, the
petitioners shall not be evicted.
08. Writ petitions disposed of as above, alongwith all connected
CMs therewith.
09. Registry to place a copy of this order on each file.
(Puneet Gupta) (Ali Mohammad Magrey)
Judge Judge
JAMMU
February 5th, 2021
"TAHIR"
i. Whether the Judgment is reportable? Yes/ No.
ii. Whether the Judgment is speaking? Yes/ No.
SHAMMI KUMAR
2021.02.06 12:06
I attest to the accuracy and
integrity of this document
