M/S Hotel Hill Star vs State Of J&K And Ors

1) Petitioner through the medium of instant petition is seeking a direction upon respondents to apply Government Order No.164-Est of 2015 dated

10.09.2015 to its case and to pay arrears of rent in terms of the said order. A further direction has been sought upon the respondent to fix the revised

rent in accordance with the aforesaid order from the date it has been made applicable.

2) In the petition it is projected that the security forces have been in occupation of the petitioner hotel from 01.01.1992 and the amount of

compensation payable for the occupation of the entire premises is routed through State Police Department. It is claimed that the rate chargeable for

the rooms and the rate chargeable for the adjoining land is fixed by the Government regarding which various orders have been issued from time to

time. It is further submitted that in terms of Government Order No.164-Est of 2015 dated 10.09.2015, revision/enhancement of tariff has been ordered

by the Government. Petitioner claims that in a similarly situated case OWP No.827/2016, this Court has extended the benefit of enhanced rate of

room rent in terms of order dated 18.05.2016 passed in the said writ petition.

3) The respondents have resisted the writ petition by filing a reply thereto. In their reply, the respondents have claimed that the petitioner cannot seek

rent at par with the hotels hired by Estates Department because the petitioner does not spend even a penny for maintenance and upkeep of the

premises that are occupied by the security forces. It has been further submitted that in respect of hotels occupied by the Estates Department,

electricity and other charges are borne by the petitioner but no such facilities/rebate is extended in the case premises that are occupied by security

forces. Thus, according to the respondents, the benefit of revised rent/tariff in terms of Government Order No.164-Est of 2015 dated 10.09.2015

cannot be extended to the case of the petitioner.

4) I have heard learned counsel for the parties and perused the record of the case.

5) The main ground urged by the petitioner is that his case should be treated in the same manner in which the case of petitioner in OWP No.827/2016

has been treated or in other words, the benefit given by this Court to the petitioner in OWP No.827/2016 should be extended to the petitioner herein as

well.

6) I have examined the file of OWP No.827/2016 titled “R. K. Madan & Ors. Vs. State of J&K & Orsâ€. The petition has been finally decided

vide judgment dated 18th of February, 2019. A perusal of the final judgment passed in the said case reveals that the issue involved in the said petition

is identical to the issue involved in the instant case. In the said case also the petitioners had sought revision of rent of hotels occupied by security

forces, in terms of Government Order No.164-Est of 2015 dated 10.09.2015 and the respondent Police Department had taken similar pleas as have

been taken by them in the instant case. The Court, after dealing with the contentions of the parties, had finally disposed of the writ petition extending

the following directions:

(i) That the cases of the petitioners shall be placed before the Rent Assessment Committee, headed by District Development Commissioner

concerned for revision of their rentals, per room, per day.

(ii) The Rent Assessment Committee shall conduct an enquiry in their matter and would also associate the petitioner and respondents in the

process.

(iii) The Rent Assessment Committee shall complete its proceedings within a period of two months from the date certified copy of this order is

made available to them.

(iv) That Police Headquarters/Home Department as the case may be shall immediately and in any case within a period of four weeks of the

receipt of recommendations of the Rent Assessment Committee issue appropriate order, probably revising/enhancing the rentals qua the

accommodations under the occupation of Security agencies.

(v) That the petitioners shall abide by the recommendations of the Rent Assessment Committee and the follow up orders that may be issued by

the Government on the subject.

7) Having regard to the fact that the issues involved in the instant case are identical to the issues involved in OWP No.827/2016, the directions quoted

hereinabove squarely apply to the instant case. The writ petition is, accordingly, disposed of in terms of the directions quoted above.