M.K. Hanjura ORDER
M.K. Hanjura, J.
1. The case set up by the petitioners in all the writ petition cited above, in a nutshell, is that their hotels came to be occupied by the security forces from the year 1990 onwards without their consent. The petitioners have contended it further that although they were being paid the rentals of their premises, yet the respondents directed all the Drawing and Disbursing Officers to ensure that necessary 'No Objection Certificate' (NOC) is obtained from the hoteliers/owners on account of electricity/water charges before the release of payment of rent to them. The petitioners have further pleaded that it is the respondents who have to bear the expenditure of water and electricity and pay the same to the authorities concerned. The petitioners, in carving out a case for them, have put explicit reliance on an order dated 20-12-2005, by the dint of which, the Ministry of Home Affairs, Govt. of India, New Delhi, has directed the Chief Secretaries of various States, including the State of J&K, to bear the cost of adequate and suitable accommodation and other allied facilities, like power and water supply etc., for the CPF/RAF contingents, deployed for security purposes and such costs will not be reimbursed by the Central Government. The petitioners have further invited the attention of the Court to various interim orders, passed by the Court from time to time in a number of writ petitions, restraining the respondents from deducting any electricity or water charges from the rentals being paid to the owners of the hotels/guest houses etc. It is further averred that some of these directions have also been made absolute.
2. It is further averred that the petitioners have filed the writ petitions seeking vacation of their respective properties, occupied by various security agencies, enhancement of user charges from time to time as also the payment of the electricity and other allied charges by the Home Department. They have also prayed that the charges on account of water and electricity, already paid by the petitioners, be refunded in their favour. It is further stated that insofar as the question of electricity and water dues is concerned, the issue has been raised in many other writ petitions also and the Hon'ble Court has been pleased to stop deduction of electricity and water charges from the rentals being paid to the hoteliers and owners of other premises occupied by the security forces. It is further contended that the respondents are not implementing even their own orders regarding the clearance of the bills pertaining to electricity and water supply and their properties, which are under the occupation of the security forces, have suffered a huge loss on account of their misuse by them. The bath rooms and electric fittings have been damaged beyond repair. When asked to pay the electric and water charges, the respondents are only extending assurances that the matter is under the active consideration of the Ministry of Home Affairs and the same will be settled soon.
3. Petitioners have further stated that though the Ministry of Home Affairs directed the respective States to pay deployment charges, transportation charges of the para military forces deployed in their States, yet the States which face the law and order problems, were exempted from paying deployment and cost of transportation charges. However, these States have been specifically directed to bear the cost of accommodation and allied facilities such as water and electricity, utilized by the security forces with further direction that the amount has to be paid by the respective State Governments and no reimbursement can be claimed by them from the Central Government. The petitioners, in these writ petitions, have finally prayed that the official respondents be directed to implement their own communications and clear the electricity/water supply bills, which are due to them.........