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YASHWANT VARMA
Rajbir Singh – Appellant
Versus
Air Commander Aoc – Respondent
JUDGMENT
Yashwant Varma, J. - This petition has been preferred seeking the following reliefs:-
'a) To satisfying the proceedings of notice no 3w/1320/11/1/org dated 09 april 2021 and 16 april 2021 issued by the estate officer to evict the Petitioner from the quarter SMQ No.31- D Old Pinto Park air Force Station Delhi cantonment area New-Delhi-110010.
b) To call up Ld. Trial Court record pertaining to the impugned judgment 01.04.2021.
c) To stay the proceedings in the aforesaid matter till the proceedings of the aforesaid notice of the Estate Officer in the said matter till the Petitioner is allotted a suitable Quarter by the 13 BRD as per his status.'
2. The petition has evidently come to be preferred after the culmination of proceedings initiated by the respondents under the Public Premises (Eviction of Unauthorized Occupants) act, 1971 [act]. The record bears out that the allotment of the quarter in question was cancelled by the respondents and an order of eviction framed. Since the petitioner failed to vacate the premises, the Estate Officer proceeded to pass an order of eviction on 11 September 2017. That order was challenged by the petitioner here by filing an appeal under Section
The central legal point established in the judgment is the temporary nature of the allotment and the petitioner's obligation to vacate the premises after his medical condition improved.
Temporary allotments do not confer a permanent right to occupy public premises, especially when circumstances for such allotment are no longer valid.
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
Legitimate occupancy of public premises requires proof of formal allotment; unauthorized occupation cannot be maintained in the absence of legal entitlement.
Circular is applicable only where the officer is occupying the government accommodation at the time of his retirement/superannuation ‘authorisedly’.
The main legal point established in the judgment is the requirement to follow the Principles of Natural Justice in quasi-judicial proceedings, the lack of evidence of subletting of the actual governm....
Court upholds eviction order, affirming that extension requests were fairly considered without discrimination, and confirms the necessity of adherence to authorized retention periods as outlined in M....
The appellate authority has the power to stay eviction orders until the appeal is heard and decided, as per Section 12 of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Ac....
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