Point of law : Acquisition - Where two landowners (sought to be displaced from their lands by the same notification) are awarded compensation, of whom one allows the issue to attain finality and moves on, the other obdurately seeks to stall the public purpose underlying the acquisition, by filing one or series of litigation, during the pendency of which interim orders might inure and bind the parties, the latter would profit and be rewarded, with the deemed lapse condition under Section 24 (2).

ORDER :

Tarlok Singh Chauhan, J.

The instant petition has been filed for the grant of following substantive reliefs:

“(i) that impugned order dated 21.1.2017 (Annexure P5) passed by the Divisional Commissioner, Shimla Division, in Appeal No.167/2015, whereby the appeal preferred by the petitioner against the order dated 3.8.2015 (Annexure P4) passed by Collector, Sub Division Kalpa at Reckong Peo, Tehsil Kalpa, District Kinnaur, H.P. under H.P. Public Premises & Land (Eviction & Rent Recovery) Act, 1971 in Case No.SDK01/ 2015 has been dismissed, may kindly be quashed and set aside by issuing writ of certiorari and justice may be done.

(ii) that the respondent may kindly be directed not to evict the petitioner from the premises in question, by issuing writ of mandamus.

2. It is averred by the petitioner that the Sainik Rest House near Bus Stand Reckong Peo, constructed over land comprised in Khasra Nos. 603, 604 area measuring 00945 hectares, had been taken on rent by him for running a school in the name and style of “Little Angels Public School”. The petitioner had been continuously paying rent to the Sainik Board and despite this, respondents No. 3 and 4 kept on unnecessary harassing the petitioner and threatened him to evict from the premises in question forcibly.

3. The petitioner was served with a notice dated 25.3.2015 under the H.P. Public Premises & Land (Eviction & Rent Recovery) Act, 1971 by the Collector-respondent No.5. He filed the reply to the notice, thereafter, he did not turn up. Eventually, eviction order was passed against the petitioner and even the appeal filed by the petitioner came to be dismissed by the appellate authority on 21.1.2017.

4. The only ground on which the petitioner has assailed the orders passed by the authorities below is that he is the tenant in the premises in question and has been paying rent regularly and, therefore, he could not have been ordered to be evicted by treating him like a “trespasser”.

5. The respondents-State have contested the petition by filing reply, wherein it is stated that the premises were not rented out to the petitioner, but were rented out to one Sh. Manjeet Singh, Secretary Surya Karan Education Society, Subzi Mohalla, Reckong Peo to run the school in question by the Deputy Commissioner-cum-President Adhoc Zila Sainik Board, Reckong Peo against rent agreement for one year w.e.f. 1.4.2012 to 31.3.2013 on monthly rent of Rs.8100/- subject to fulfillment of conditions. The Deputy Director, Sainik Welfare Shimla and Kinnaur vide letter dated 4th April, 2012 requested that no portion of Sainik Rest House be rented out further as that rent agreement of Sainik Rest House stood expired on 31.3.2013. Respondent No.4-AC to DC Adhoc Zila Sainik Board Kinnaur vide office letter dated 21.3.2013 issued the notice to Manjeet Singh Secretary Surya Karan Education Society to vacate the accommodation rented out to him and hand over the possession by 1.4.2013, but no response was received from the lessee. Respondent No.4 again issued the notice to Manjeet Singh to vacate the accommodation and to clear rent liabilities, however Manjeet Singh requested the Deputy Commissioner, Kinnaur to extend the rent agreement for further period and if extension is not possible, he is ready to vacate the property in question.

6. Respondent No.4 issued notice to the petitioner to clear the rent liabilities and to hand over the possession by 31.1.2014, however, the petitioner did not vacate the premises in question. Therefore, the petitioner is in unauthorized possession of property in question from the expiry of rental agreement on 31.3.2013, which was not executed with the petitioner.

7. At this stage, it would also be necessary to refer to CMP No. 820/2021, which has been filed by the Ex-services League, Kinnaur, through its General Secretary, for impleadment. It has been averred in the application that the property in question was constructed by the administration of Zila Sainik Board as Rest House for