Jammu
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| | DB dismisses appeal over construction of Vaishno Dham Rly Stn | | | JAMMU, Sep 22 (JNF): Division Bench of Jammu & Kashmir High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today dismissed the appeal filed in the year 2001 regarding the land measuring 5 Kanals at Railway Station Jammu.
While dismissing the appeal, Division Bench observed that “The Trikuta Hills of Katra in Reasi district in the state are the abode of Mata Vaishno Devi. It is one of the most revered places of worship in India. Millions of people, who follow Hinduism, seek blessings of Mata Vaishno Devi. Approximately, eight million pilgrims visit the temple every year and it is the second most visited religious shrine in India. The ever increasing number of pilgrims, it is pleaded, has crossed one crore in the year of 2011. The property of the Shri Mata Vaishno Devi Shrine SMVDS) was under the management of Dharmarth Trust. The State Legislature initially in the year 1986, legislated law called J&K Shri Mata Vaishno Devi Shrine Act, 1986 and with the enactment of J&K Shri Mata Vaishno Devi Shrine Act, 1988 (for short the Act of 1988), the earlier Act of 1986 stands repealed.
The Act of 1988 is brought into existence for providing better management, administration and governance of Shri Mata Vaishno Devi Shrine and its endowments including the lands and buildings attached, or appurtenant, to the shrine, beginning from Katra upto the holy cave and the adjoining hillocks which were under the management of Dharmarth Trust. For the convenience of the pilgrims, the Board, has constructed Dharmshalla called Vaishnavi Dham near Railway Station, Jammu. The Chief Executive Officer, Commissioner-Secretary to Government, Tourism department, sent a communication dated April 25, 1995 to Deputy Commissioner, Jammu wherein the said authority was informed that the Board has taken up the project for construction of the multi-storeyed Dharmshalla, Vaishnavi Dham for yatries near Railway Station, Jammu.
It was also informed that building is nearing completion and is designed for providing accommodation to around 5,000 pilgrims everyday. It was also informed that land for construction of the Dharmshalla was obtained from Jammu Development Authority on lease basis. The said authority was further informed that because of increase in the number of pilgrims, it has been felt that the said space is inadequate. The Deputy Commissioner was informed that the plot of land measuring about 5 kanals covered by Khasra number 70 min of village Rakh Bahu near Railway Station, Jammu adjoining to the plot, where Dharamshalla is being constructed, be acquired immediately.
It is in pursuance to this request that the Deputy Commissioner, Jammu issued notification. In terms of order dated April 13, 1996 Collector, Land Acquisition, Assistant Commission (R), Jammu, after complying with the provisions of the State Act, permitted the Board to deposit estimated cost of acquisition, and all the land owners/interested person were called upon to receive the estimated cost of their land in accordance with law. Tehsildar, Jammu was directed to take over the possession of the land and hand over the same to the intending authorities by observing necessary norms under rules immediately.
This land was leased out for a period of 99 years to Mangat Ram Gupta (now dead), whose legal representatives have been brought on record, as also to Bholi Devi, appellant number 2-herein. Lease deed was executed on August 19, 1994. The original owner of the land, JDA, in an open auction, had decided to lease out the aforementioned land to Mangat Ram Gupta and appellant number 2 as they quoted highest offer of Rs 50.11 lakhs as premium and had agreed to pay rent @ Rs 100 per marla/annum.
Earlier a notice was issued by the JDA expressing its intention to dispose of the land on lease hold basis at a premium to be determined by open auction. The auction notice contained conditions including “Notwithstanding anything contained in the lease deed, if during the currency of the lease, the Authority is satisfied that the land granted under these rules is required for any public purpose, the Authority shall be competent to acquire possession of such land and buildings erected thereon and appurtenants belongings thereto, after paying compensation to the lessee for such buildings and appurtenants and also for such other improvements as may have been affected on the land by the lessee after a prior notice of three months to the lessee.” The appellants aggrieved of the notification issued under the said act acquiring the land, challenged the same in writ petition OWP number 943 of 1996.
After pleadings were completed by the parties and after hearing them, writ court vide its judgment dated December 29, 2000 dismissed three writ petitions, besides writ petition filed by Mangat Ram Gupta and appellant number 2 and filed LPA.
This landmark judgment written and pronounced by Justice Muzaffar Hussain Attar for the Division Bench observed that the convenience of the pilgrims, thus, requires for providing facilities of boarding and lodging at Jammu, more particularly, in the area adjoining Jammu Railway Station, as thousand of pilgrims land at Jammu Railway Station every day to visit Shri Mata Vaishno Devi Shrine. These pilgrims have to be provided minimum bearest facilities, which would include their boarding and lodging. For this purpose, Shrine Board can acquire property at Jammu. This right cannot be denied to the Shrine Board and power to acquire property outside limits of Katra is not restricted in terms of Act of 1988. With these observations Division Bench dismissed the appeal with the observation that in the auction notice and lease deed, it was provided that leased property can be taken back for accomplishing public purpose. This agreed clause of lease-deed further strips-off the appellants of all their rights qua the property in question, excepting for seeking recovery of money paid by them. |
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