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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Pushplata Sharma - Appellant
Versus
Estate Officer Public Work Department - Respondent
CM(M) 310 of 2022, CM Appl. 16798 of 2022 & CM Appl. 16800 of 2022
Decided On : 27-04-2022
| Table of Content |
|---|
| 1. unlawful occupancy declared by estate officer. (Para 1) |
| 2. concerns regarding premature eviction order. (Para 2) |
| 3. impropriety in expressing eviction view. (Para 3 , 4) |
| 4. direction to hear stay application expeditiously. (Para 5 , 6 , 7) |
1. By order dated 07th April, 2021, the Estate Officer, Public Works Department, GNCTD, held the petitioner to be an unauthorised occupant in respect of the premises located at Government Flat No. 1987, Type II, DA Flats, Sindhora Khurd, Delhi-110007. The petitioner appealed against the said decision before the learned Principal District and Sessions Judge ("the learned Pr DSJ") vide PPA 02/2021, which was accompanied by an application for stay of operation of the eviction order.
2. The petitioner is aggrieved by the fact that, even without taking up the petitioner's stay application on merits, and because of default in appearance on the part of the respondent, the learned Pr DSJ, has in his orders dated 28th January, 2022 and 04th March, 2022, expressed a view that the petitioner was liable to be evicted from the aforesaid premises.
3. Clearly, while the petitioner's stay application was pending, it was not proper for the learned Pr DSJ to express such a view, especially because the petitioner had been present before the learned Pr DSJ on both the aforesaid dates and the default in representation was on the part of the respondent.
4. Learned Counsel for the respondent is fairly agreeable to this petition being disposed of with a direction to the learned Pr DSJ to take a decision on the stay application filed by the petitioner within a time bound frame on the next date when the matter is listed before him and for continuance of the interim protection granted by this Court vide its order dated 04th April, 2022, till a decision is taken by the learned Pr DSJ on the stay application of the petitioner.
5. Accordingly, this petition is disposed of with a direction to the learned Pr DSJ to hear and decide the petitioner's stay application filed along with PPA 02/2021 (Pushplata Sharma v. Estate Officer), as expeditiously as possible and if possible on the very next date when the matter is listed, i.e. 06th May, 2022.
6. The interim protection granted by this Court vide its order dated 04th April, 2022, shall remain in operation and shall abide by the order to be passed by the learned Pr DSJ on the petitioner's stay application.
7. This petition stands disposed of in the aforesaid terms with no orders as to costs.
The court emphasized that courts should not express views on eviction when stay applications are pending, ensuring procedural fairness in legal proceedings.
Dismissal from service terminates entitlement to staff accommodation; pending appeal does not confer rights to occupy the premises.
The court confirms that a retired employee is an unauthorized occupant if they do not vacate allotted premises post-retirement.
The importance of not usurping the jurisdiction of the Estate Officer in matters involving mixed elements of fact and law.
The eviction under the Public Premises Act was upheld as lawful, with sufficient notice and adherence to due process, and claims of bias against the Estate Officer were rejected.
The court emphasized the need for timely decisions in demolition cases to prevent irreparable harm, and mandated that authorized legal representation is critical in such proceedings.
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....
The judgment clarified the non-violation of natural justice principles in eviction proceedings under the Public Premises Act.
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