Excelsior Correspondent
Srinagar, April 4: High Court dismissed the plea of shopkeepers having Government shops challenging fixation of rent as per the assessment committee citing the rent has been fixed based on objective criteria, location and specific market valuation and in accordance with the Government orders governing the allotment.
The division bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed the appeal of shopkeepers having their shops sanctioned in-terms of the Government Order dated 31.12.2004 and Cabinet Decision No. 210/11 dated 30.12.2004.
The shops have been constructed for them on the land belonging to the Irrigation and Flood Control Department, Sopore, in favour of the dislocated shopkeepers whose previous shops have been demolished in lieu of road widening.
After allotment of shops and for the purpose of fixation of rent of the newly constructed shops, the Superintending Engineer, Hydraulic Circle, Sopore, constituted a Rent Assessment Committee vide letter dated 12.02.2005, directing it to fix rent on the basis of prevailing market rates with a reasonable increase after every five years.
The grievance of the appellant-shopkeepers before the court was that the Rent Assessment Committee acted arbitrarily and in violation of the mandate issued to it. They contended that they were not afforded an opportunity of participation in the assessment process and that the Committee fixed the rent at the rate of Rs. 10 per square foot per month i.e. with a 20% enhancement after every five years, which was substantially higher than the rent being paid by other shopkeepers in the same locality.
The counsel representing the Government submitted that the allotment and rent fixation were made strictly in accordance with the Government orders and the terms and conditions governing the allotment, and that the aggrieved shopkeepers are attempting to reopen issues already settled by this Court.
“The rent fixation was carried out pursuant to a policy decision and contractual terms accepted by the appellants themselves. The assessment was based on objective market parameters, location, and reports of competent authorities. The appellants have failed to establish any real prejudice caused to them due to the alleged absence of hearing, particularly when they had undertaken to accept the rent as determined by the Committee”, DB said
The court added that the plea of violation of principles of natural justice or discrimination by the appellant-shopkeepers is devoid of substance, particularly when the rent has been fixed based on objective criteria, location specific market valuation, and in accordance with the Government orders governing the allotment.
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