The main legal point established in the judgment is that unauthorised construction in public premises can be quashed and occupants can be evicted in accordance with the law.

JUDGMENT :

P.K. Balasubramanyan, C.J. - O.J.C. No. 1163 of 1994 was fled in this Court challenging the illegal construction taking place in the compound of Balasore District Hospital and seeking to restrain the State of Orissa. the Director of Health Services, Orissa, the District Collector, Balasore and the Chief District Medical Officer, Balasore from constructing a market complex therein and from letting out the rooms thereof to any one.

On 26.4.1995, this Court rendered the following judgment therein.

This is a public interest litigation by a citizen of Balasore town challenging the decision of the Hospital Advisory Committee to construct a market complex inside the hospital. Pursuant to the notice issued by this Court. learned Advocate General appeared for the State and submitted that no doubt a decision had been taken by the Hospital Advisory Committee with the local M.L.A. as its Chairman to construct a market complex in the space available within the hospital premises between the Gate No. 1 and Gate No. 2 with the opening towards road side so that the Red-Cross Society will get some monetary benefit. But that decision was of a tentative nature and permission of the State Government was sought for The State Government at no point of time has accorded any permission and yet pursuant to the aforesaid decision of the Hospital Advisory Committee, people have forcibly constructed structures. The Hospital Advisory Committee no doubt, consisted of responsible persons. But such a decision, to our mind, is wholly against the welfare of the patients as well as smooth functioning of the hospital. In these days, when there is scarcity of space and increase in number of patients In every hospital, the fact of which, this Court takes judicial notice of, It is difficult for us to conceive that the same space in the hospital should the utilised by a karket complex even at the cost of getting some financial benefit to the Red-Cross Society. The very decision of the Hospital Advisory Committee, in our considered opinion, was wholly unjustified and such a decision should not have been taken. At any rate, the State Government has not accorded sanction so far and therefore, the construction already made must be deemed to be unauthorised. If the persons have already constructed and occupied the premises, they are to be evicted in accordance with due process of law by proceeding against them under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act. We accordingly quash the decision of the Hospital Advisory Committee to construct a market complex in the hospital campus of Baiasore hospital and direct the State Government to take appropriate action for evicting the unauthorised occupants in accordance with law.

The writ application is disposed of accordingly.

(Emphasis supplied)

2. Feeling aggrieved by the said judgment, a number of persons who claimed to have been permitted to occupy portions within the compound including the petitioner herein, filed Civil Review No. 83 of 1995 seeking a review of the above judgment. In fact, there were 75 petitioners therein and the petitioner herein was petitioner No. 1 therein. In that review petition, this Court while refusing to review the judgment and permitting the petitioners and Ors. to take whatever defences that may be available to them in the proceeding for eviction, held as follows:

The present application for civil review has been filed by seventy five petitioners for recalling the order/judgment dated 26.4.1995 disposing of O.J.C. No. 1163 of 1994.

2. In the aforesaid judgment, there is an observation, i.e. the State Government has not accorded sanction so far as the persons in occupation of the land within the hospital complex are concerned. It has been further observed that the construction already made must be deemed to be unauthorised. If the persons have already constructed and occupied the premises, they are to be evicted in accordance with due process of law by proceed