Jammu & Kashmir High Court Srinagar Bench Hotel Corporation Of India Ltd vs Ut Of J&K And Ors on 16 November, 2022 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C ) No.1525/2022 Reserved on 15.09.2022. Pronounced on 16.11.2022. Hotel Corporation of India Ltd. ..... petitioner (s) Through : Mr. Z.A.Shah Sr. Advocate with Ms. Humaira Shafi Advocate. Mr. T.H.Khawaja Advocate. Mr. R.A.Jan Sr. Advocate with Mr. Aswad Attar Advocate & Mr. Taha Khaleel Advocate Mr. Shuja Ul Haq Advocate V/s UT of J&K and ors .....Respondent(s) Through : Mr. D.C Raina Advocate General with Mr. Illyas Nazir Laway, G.A. JUDGMENT IA No. 3893/2022 This is an application by the BD & P Hotels (India) Pvt. Ltd., a company incorporated under the Companies Act, 1956 seeking impleadment/intervention in the writ petition on the ground that the applicant has vital interest in the outcome of the writ petition, in that, the petitioner Corporation has already entered into a management contract with the petitionerCorporation and there is also in existence an arbitral award passed in its favour and against the petitioinerCorporation. 2 Having heard Mr. ShujaUlHaq, learned counsel appearing for the applicant and perused the application, I am of the view that the dispute raised in this petition pertains to termination of lease and issuance of notice of eviction by the Government of Union Territory of Jammu and Kashmir against the petitionerCorporation and, therefore, no third party including the applicant, who may have entered into some contract with the petitionerCorporation, is a necessary party, though Mr ShujaUlHaq, learned counsel for the applicant was given an opportunity to assist the Court. The application, for the reasons aforesaid, is therefore, dismissed. CM No. 3815/2022 This is an application by the Centaur Hotel Employees Union through its President seeking leave to intervene in the matter. The applicants submit that they being the employees of the petitionerCorporation would be vitally affected by the outcome of the writ petition. It is further submitted that the termination of lease and eviction of the petitioner would entail serious consequences to the applicants who may lose their jobs. Having heard Mr. R.A.Jan learned Senior Counsel appearing for the applicants and perused the material, I am of the view that there is hardly any need for the employees of the petitionerCorporation to intervene in the matter, more particularly when the petitionerCorporation is vehemently contesting termination of its lease as also the eviction notice issued to it. However, Mr. Jan learned Senior Counsel was also heard in the matter purely for assisting the Court. 3 The application is, therefore, not maintainable and the same is, accordingly, dismissed. WP(C ) No. 1525/2022 1 The petitioner is a Company registered under the Companies Act having its registered office at Hotel Centaur, IGI Airport, New Delhi. Being a Public Sector Undertaking, the petitionerCorporation carries out its functions under the aegis of Ministry of Civil Aviation, Government of India. The Centaur Lake View Hotel, Srinagar established by the petitionerCorporation on the land taken on lease from the erstwhile State of Jammu and Kashmir is one of the Units of the petitionerCorporation. Pursuant to a Cabinet Decision No. 137 dated 25.06.1979 and in terms of Government Order No. 118 dated 17.10.1981, a piece of land measuring 03 acres was leased out to the petitioner Corporation by the Government of Jammu and Kashmir for a period of 99 years. A formal lease agreement was drawn between the parties on 10.03.1982. It is this lease agreement granted by the Government of Jammu and Kashmir which came to be terminated by the Secretary to the Government, Department of Tourism, Government of Jammu and Kashmir vide Notice bearing No.TSM PLG/8/2021 d