JUDGMENT :

HEMANT GUPTA, J.

1. The order passed by the learned Division Bench of the High Court of Punjab & Haryana on 07.07.2011 is the subject matter of challenge in the present appeal. The learned Single Bench has allowed the writ petition of a Kashmiri migrant, the respondent¹[Onkar Nath Dhar, in short ‘Dhar’] who shifted to Jammu in the year 1989 or so. He was transferred to the office of the Intelligence Bureau in Delhi. Later he was transferred to Faridabad where he has been allotted a government accommodation. The respondent attained the age of superannuation from service on 31.10.2006.

2. The respondent gave representation to the appellant to allow him to retain the government accommodation, which was allowed and Dhar was allowed to retain house for another one year. Dhar submitted another representation on 18.6.2007 to allow him to retain house allotted to him on a nominal licence fee till the circumstances prevailing in Jammu & Kashmir improve and the Government makes it possible for him to return to his native place.

3. Dhar was served with a notice under the Public Premises (Eviction of Unauthorised Occupant) Act, 1971²[For short, the ‘Act’]. An order for eviction against