The Court overturns previous writ judgment, directing regularization of leasehold property for Radha Krishen Koul under the Nazool Land policy, reinforcing principles of equality and legitimate expectation.
In a significant judgment, the Jammu and Kashmir High Court has ruled in favor of Radha Krishen Koul and others, directing the regularization of their leasehold property under the Government Order No. Rev/NDK/248 of 1981. The judgment overturns a previous writ court decision that had dismissed their petitions, citing suppression of facts and abuse of process.
The appellants, represented by Advocate Mr. Aijaz Ahmad Chesti, argued that their case was arbitrarily processed under the now-invalid Roshni Act, despite being lawful lessees under the 1981 policy. The court found that the appellants were entitled to ownership rights under the 1981 order, having met all requirements, including payment of the prescribed market rate recommended by authorities.
The bench, comprising Mr. Sanjeev Kumar and Mr. Sanjay Parihar JJ., emphasized that the denial of proprietary rights to the appellants, while granting the same to similarly situated entities like Hotel Ahdoos, violated Article 14 of the Constitution. The court noted the appellants' legitimate expectation to be treated in line with past practices and directed the respondents to regularize the appellants' leasehold property within three months.
The judgment highlights the principles of equality and legitimate expectation, asserting that administrative authorities must act within a reasonable time and cannot arbitrarily deny rights to individuals who have consistently pursued their claims.
The appellants had initially sought regularization under the Government Order of 1981, but their case was erroneously processed under the Roshni Act of 2001, which was later struck down. Despite recommendations from Nazool Department officials and deposit of Rs. 30 lakhs per Kanal, the appellants faced prolonged inaction, while other similarly situated leaseholders were regularized at significantly lower rates.
The court clarified that suppression of facts must be deliberate and material to disentitle relief, finding the writ court's conclusions unsustainable. It underscored that the appellants' earlier petitions related to distinct causes of action and did not address the ownership rights under the 1981 Order, thus not constituting suppression.
The ruling is expected to have wide implications for other leaseholders seeking proprietary rights under similar circumstances, reinforcing the principles of justice, equality, and legitimate expectation.
Bottom line:-
Land Laws - Arbitrary and discriminatory denial of ownership rights under a specific government policy violates principles of equality and Article 14 of the Constitution.
Statutory provision(s):
- Article 14 of the Constitution of India
- Government Order No. Rev/NDK/248 of 1981
- The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 (Roshni Act)
- Land Grants Rules of 1960
Radha Krishen Koul v. UT of J&K, (Jammu And Kashmir)(DB)(Srinagar) : Law Finder Doc id # 2894669
