1. Appeal against tribunal order concerning the possession and occupation of a railway quarter. (Para 2 )
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1990 Supreme(SC) 268
SUPREME COURT OF INDIA
Sabyasachi Mukharjee, CJI., K.N.Saikia, M.M.Punchhi, JJ.
Union Of India
Versus
Shiv Charan
Case No. : 881 of 1990
Date of Decision : 4/23/90
The court held that government quarters must be vacated and handed over to the authorities, and rent for the period of overstay can be deducted from any payments due to the occupant.
Headnote:(A) Government Quarters - Possession and Recovery - Recovery of possession of government accommodation - Possession of government quarter to be handed over by the occupant to the authorities - Rent for the period of overstay may be deducted from any payments due to the occupant - Right to claim excess or penal rent is reserved for the authorities, and the occupant is at liberty to seek compensation in the appropriate forum. (Paras 2 and 3)
Facts of the case:
An appeal was filed against the order of a Tribunal regarding the possession of a government quarter currently occupied by the respondent. The appellants sought the recovery of the said premises and the settlement of dues.
Findings of Court:
The court directed that the possession of the government quarter be handed over to the appellants by a specified date. It further ordered that any amount due to the respondent be paid upon handover, subject to the deduction of rent for the period of overstay.
Issues: Whether the occupant of a government quarter is required to hand over possession and whether rent for the period of overstay can be deducted from dues payable to the occupant.
Ratio Decidendi: The court held that the possession of government accommodation must be restored to the authorities and that the government is entitled to deduct rent for the period of unauthorized occupation from any payments owed to the occupant.
Result: Appeal allowed.
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2. The court found it appropriate to allow the appeal and direct the restoration of possession of the railway quarter. (Para 2 )
3. Possession of government quarters may be restored subject to deduction of overstayed rent and the right to seek compensation in appropriate forums. (Para 2 , 3 )
4. Appeal allowed — possession of railway quarter ordered to be restored — overstayed rent deductible — parties granted liberty to seek further legal claims. (Para 2 , 3 , 4 , 5 )
5. Can rent for the period of overstaying in a government quarter be deducted from payments due to the occupant?
Yes, rent for the period overstayed may be deducted from the payment to be made to the respondent upon handing over possession. (Para 3 )
6. Does the restoration of possession of a government quarter preclude the occupant from seeking compensation?
No, the occupant remains at liberty to make any claim for compensation in the appropriate forum. (Para 3 )
7. Are the owners of government quarters entitled to claim penal rent for overstaying?
Yes, the owners are entitled to make claims in accordance with law for any excess or penal rent. (Para 3 )
(1) SPECIAL leave granted.
(2) THIS is an appeal from the judgment and order of the Central Administrative tribunal, Principal bench, New Delhi, dated 16/08/1989. Having considered the facts and circumstances of this case and having heard counsel for both the parties, we are of the opinion that the appropriate order would be to allow this appeal and to direct that the possession of the railway quarter, now in possession and occupation of the respondent, should be handed over by the respondent and taken pos- session of by the appellants or their representatives on or about 23/05/1990 and the entire amount due and owing to the respondent, less the amount mentioned hereinafter, will be handed over by the officer taking possession then and there.
(3) RENT for the period overstayed may be deducted from the pay- ment to be made as aforesaid. The appellants will be entitled to make . claim in accordance with law to which they are entitled to, for any excess or penal rent, and the respondent will be at liberty to make any claim for compensation in the appropriate forum which he claims to be entitled to.
(4) THE Civilis disposed of accordingly. No costs.
(5) SPECIAL Leave Petition (Civil) No. 11732 of 1989 is taken on board and is disposed of on the aforesaid terms.
