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SUNIL GAUR
SHARMA MONTESSORI SCHOOL & ORIENTAL COLLEGE SOCIETY – Appellant
Versus
UNION OF INDIA – Respondent
Key Points: - The petitioner sought to quash an eviction order and a demand for damages regarding a 1616 sq. yard site on Lodhi Road [11000364080001]. - The respondent initially granted a temporary one-year allotment in 1956, which was later regularized for specific periods but not renewed due to the petitioner's failure to comply with terms and pay rent [11000364080001][11000364080002]. - The court held that the Public Premises Act is a special Act and prevails over the Limitation Act, meaning there is no limitation period for initiating eviction proceedings [11000364080009][11000364080010]. - The court rejected the plea of adverse possession, ruling that a lessee or licensee cannot claim adverse possession against the true owner after their allotment has lapsed [11000364080012]. - The court determined that the subject site, consisting of land and a superstructure, falls within the definition of "premises" under the Public Premises Act [11000364080014]. - The court dismissed the petition, finding no palpable error in the eviction order or the demand for damages [11000364080016].
1. Petitioner seeks quashing of Estate Officers order of 31st January, 2000 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 directing eviction of petitioner from Governments Lodhi Road school site area of 1616 sq. yards (henceforth referred to as subject site/premises), which stands affirmed by the Appellate Authority vide impugned order of 8th April, 2000. Consequential relief of quashing respondents communication of 17th May, 2000 demanding damages for unauthorized use of the subject site and restoration of the subject site is also sought by petitioner in this writ petition.
2. The first respondent vide its communication of 14th July, 1956 (Annexure R-1 to the counter) had made temporary allotment of the subject site for a period of one year only with a rider that petitioner-society should apply for a permanent allotment of site immediately to the Director of Education. In this context, it would be relevant to note that respondent vide its communication of 5th July, 1963 (Annexure R-2 to the counter) had regularized unauthorized occupation of the Government land i.e. the subject site upto 30th June, 1963 upon payment of ground rent, charges
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