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SANJAY DHAR
P. N. Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The petitioner has filed the instant writ petition seeking a declaration that his eviction from the shop-cum-residential premises bearing No. 5 situated at Saddar Bazar, Badami Bagh Cantonment, Srinagar is illegal, arbitrary and violative of constitutional guarantees. A further direction asking the respondents to restore the aforesaid premises to the petitioner has also been sought. Several other reliefs have also been prayed for in the writ petition including the one regarding lodging of FIR against the responsible persons for committing criminal trespass.
2. It is pertinent to mention here that during the pendency of the petition, the petitioner passed away and his legal heirs were brought on record in terms of order dated 12.12.2007 passed by this Court.
3. As per the case of the petitioner, he was allotted shop-cum-residential premises bearing No. 5 by the respondent-cantonment board and he was enjoying the use and occupation of the said premises for about five decades on the mutually agreed terms and conditions including payment of rental etc. It is averred in the petition that the petitioner alongwith his family has been residing in the said premises
The main legal point established in the judgment is that eviction from public premises must follow the due process of law as prescribed under the Public Premises (Eviction of Un-authorized Occupants)....
Possession after the lease's expiry without renewal renders the occupant unauthorized under the Act, justifying eviction for misuse of the premises.
Point of Law : Document sought to be brought on record have been obtained by the appellant under Right to Information Act only in 2019.
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 assessment of damages for unauthorized property use persists despite prior communications, reaffirmed by policy provisions, with petitioners failing to establish rights for commercial utilization....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
The court established that the procedural requirements for eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, must be strictly followed, including the issuance of a no....
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