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MINI PUSHKARNA
Shobha – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mini Pushkarna, J.
1. The present writ petition has been filed for quashing and setting aside the judgment dated 19.11.2018 passed by the learned District & Sessions Judge in PPA No. 161/2016. There is further prayer for setting aside the order dated 04.08.2014 issued by the Directorate of Estates, Govt. of India by which the allotment of government accommodation in favour of the petitioner was cancelled. The petitioner has also challenged the eviction order dated 17.06.2015 passed by the ld. Estate Officer and the order of recovery of damages as per letter dated 11.01.2019 issued by the Directorate of Estates, Govt. of India.
2. Facts in brief are that the petitioner was allotted government quarter no. 679, Sector 7, R.K. Puram, New Delhi (Type-A), which was a one room accommodation. The said government quarter was allotted to the petitioner on 10.06.2011, by virtue of petitioner being in service under the District and Sessions Judge (HQ), New Delhi. The petitioner started living in the said accommodation along with her family and did not draw any House Rent Allowance (HRA) from the date of occupation of the said government quarter.
3. On 20.08.2013, a surprise check an
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....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
Non-acceptance of prior accommodation offer does not exhaust right to one change if authority later grants allotment after scrutiny; cancellation without notice violates natural justice; prior allotm....
The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.
The State Government exceeded its jurisdiction under the U.P. Rent Control Act by restoring a sub-letting order that contravenes established tenant rights, emphasizing the requirement that tenants oc....
The court established that the issuance of eviction notices under the Public Premises Act requires the Estate Officer to demonstrate prima facie satisfaction based on adequate material, and that publ....
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