NON-REPORTABLE    IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.5393-5395 OF 2009

M/S. HOTEL TRAMBOO CONTINENTAL ...Appellant

                 VS.

HOME DEPARTMENT CIVIL SECRETARIAT GOVT. OF JAMMU AND KASHMIR & ORS.  ...Respondents     

              JUDGMENT

KURIAN, J.

1. The simple dispute in these appeals is with regard to the rent payable to the appellant in consideration of the  occupation  of  the  rooms  by  the  Government.   The disputed period relates to 1997-2008.  According to the learned  counsel  appearing  for  the  appellant,  even  the rent agreement contemplated fixation of rent as per the prevailing government orders.  It is also submitted that the appellant was entitled to the rent as paid to the other hotels during the relevant period.  Be that as it may, it is not in dispute that with regard to the Police Department, rent has been paid @ Rs.200/- per day per room, as per the rent fixed by Government Order dated 28th

August,  1998.  So  far  as  rooms  occupied  by  the  Estate

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Officer, it is submitted that what is paid by the Police Department for occupation of rooms cannot be paid by the Estate Department.  We are not able to understand the rationale behind this classification.  2. Having heard learned counsel on both sides, we find that  essentially  there  seems  to  be  a  dispute  of  rent payable by different departments.  Without expressing any opinion on the merits, we deem it to be a fit case to refer the matter to the Chief Secretary, State of Jammu and Kashmir, since he is the competent authority to take a  decision  on  the  issues  pertaining  to  the  different rates as applicable to different departments. 3. Accordingly, the civil appeals are disposed of with a direction to the Chief Secretary of the State of Jammu and Kashmir to take a decision as to the rent payable to the  appellant  for  occupation  of  the  rooms  during  the period 1997-2008, within four months. 4. The  parties  shall  be  afforded  an  opportunity  of hearing  before  any  decision  is  taken  by  the  Chief Secretary.  The fate of the interim order under which the appellant has been paid rent @ Rs.200/- as in the case of other departments, will depend on the final decision thus taken by the Chief Secretary. 5. We make it further clear that in case the Chief Secretary  fixes  more  than  Rs.200/-  per  day,  the Government shall pay the same within three months from the date of the order passed by the Chief Secretary and

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on  the  contrary  in  case  the  rate  fixed  is  less  than Rs.200/-, the appellant shall refund the excess amount within a period of three months.

.........................J.                 [KURIAN JOSEPH]              

.........................J.      [R.BANUMATHI]                

New Delhi; July 19, 2017.

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