news details |
|
|
| HC dismisses revision petitions filed against MVDSB | | |
Early Times Report
Jammu Feb27- Justice Sunil Hali of J&K High Court Jammu wing disposed off three revision petitions by a common judgment for implementation of the finding of Sub-Judge Katra whereby the court below on September 9, 1996 passed order that plaintiffs are liable to pay the compensation for use and occupation of suit shops for the period they remained in possession.
As per the agreement Suraj Parkash was to pay Rs 4, 12, 000 as license fee from September 15, 1994 for a period of two years. Suraj Parkash as per his own version had vacated the suit shop on November 16, 1996 thus he was liable to pay compensation from September 16, 1996 November 16, 2002 @ 4, 12, 000 per two years as per license deal dated September 10, 1994. Plaintiff Om Parkash was to pay Rs 4, 12, 000 as license fee from September 15, 1994 for a period of two years although Om Parkash had vacated the suit shop. Lastly as per license deal dated September 10, 1994 executed between Sobha Ram and the Shrine Board, he was to pay Rs 2, 80, 000 as license fee from September 10, 1994 for a period of two years.
Justice Hali, after hearing Senior Advocate AV Gupta assisted by Adv YE Tak appearing for the petitioners, VK Chopra AAG appearing for state and Sr. Adv UK Jalali assisted by Adv Neha Bakshi appearing for the Shrine Board, observed that if the petitioners were willing to pay the license fee for use of the property adjacent to present shops from the Shrine Board, it is expected that they should have no hesitation in paying license fee for the use the occupation of the shops which they were in un-authorized occupation. The principle adopted by the Trial Court is fair and just. However, once the petitioners themselves admitted that they are paying license fee to the Shrine Board for the shops allotted to them, it will be fair to make it as basis for determining the compensation which they are liable to pay to the Shrine Board for use of the premises. With these observations, the court dismissed the revision petitions filed against Shri Mata Vaishno Devi Shrine Board. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
