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1995 Supreme(All) 289

HIGH COURT OF ALLAHABAD
M.Katju
JAI PRAKASH
Versus
ADDL DISTT MAGISTRATE MEERUT
Decided On : 03 March 1995
C. M. W. P. No. 30808 of 1994

Advocates Appeared:
A.D.Parbhakar,

Rule 14 of the U. P. Urban Buildings Rules, 1972, requires that when an allotment order is passed, Form C must be issued to the person in unauthorized occupation asking him to deliver the vacant possession to the person named in the allotment order within such period as may be specified, which shall in no case be less than a week from the date of service of the order.

Headnote:

ILLEGAL HOUSE GRABBING - U. P. URBAN BUILDINGS RULES, 1972 - RULE 14 - ALLOTMENT OF RELEASE - SUMMARY

Fact of the Case:

The petitioner, an elderly man, owned a house in Meerut, Uttar Pradesh. The ground floor of the house was rented out to the District Horticulture Officer. The petitioner wanted to get back the ground floor for his family, as his children had grown up and needed more space. The respondent, a local politician, wanted to grab the property and filed an allotment application. The Rent Control Inspector prepared a report in collusion with the respondent, and the petitioner's release application was rejected. The respondent took possession of the ground floor illegally with the help of goondas and the police.

Finding of the Court:

The court found that the respondent had taken illegal possession of the ground floor of the petitioner's house in violation of Rule 14 of the U. P. Urban Buildings Rules, 1972. The court held that the respondent had no right to remain in possession and directed him to hand over vacant and peaceful possession to the petitioner.

Issues: 1. Whether the respondent had taken illegal possession of the petitioner's house in violation of Rule 14 of the U. P. Urban Buildings Rules, 1972. 2. Whether the respondent had the right to remain in possession of the petitioner's house.

Ratio Decidendi: The court held that the respondent had taken illegal possession of the petitioner's house in violation of Rule 14 of the U. P. Urban Buildings Rules, 1972. The court held that the respondent had no right to remain in possession of the petitioner's house.

Final Decision: The court directed the respondent to hand over vacant and peaceful possession of the ground floor of the petitioner's house to the petitioner forthwith.

M. KATJU, J.

Illegal house grabbing seems to be rapidly becoming the order of the day in many places in Uttar Pradesh. This court will be failing in its duty if it does not voice its protest against these brazen acts of

law lessness. A mens house is said to be his castle. But when the castle is invaded illegally by a mob of anti-social elements who beat up the inhabitants, throw them out and illegally occupy the same it is a matter of great concern for all law abiding citizens. Several instances of such illegal house grabbing have lately come to the notice of this court, and reports about them have been published widely in the newspapers. The present case is one of the several illustrations in this connection.

2. The petitioner is the owner and landlord of house No. 107 (old No. 1130), P. L. Sharma Road, Begum Bagh, Meerut. The petitioner is an old man of about 72 years of age and is having living with him his wife aged 66 years, sons, daughter-in-law and grand children. The house in question is a double story building. The ground floor consists of five rooms, store and other amenities. The entire ground floor except one room on the south western corner was let out in 1982 to the District Horticulture Officer, Meerut. A map of the ground floor is annexure-1 to the writ petition. The petitioner has alleged that when he gave the ground floor on rent he had minor children but since then his children have grown up and are adults. His elder son is married and younger son is 21 years of age and is a heart patient whom the petitioner wants to settle in some business. The petitioner entered into some correspondence with District Horticulture Officer, Meerut for getting back the ground floor, and it is alleged in paragraph 10 that the District Horticulture Officer told him that he would vacate whenever he gets alternative accomodation. It is alleged in paragraph 12 that on learning that there was likelihood that the District Horticulture Officer would shift his office to Vikas Bhawan, respondent No. 3 wanted to grab the property. He filed allotment application on 7-6-1994 on which the Rent Control Inspector issued notice dated 18-6-1994 stating therein that on 23-6-1994 he would be visiting the accomodation in dispute for inspection. It is alleged in paragraph 13 that this notice was served on the petitioners wife on 23-6-1994 by the Peon at about 2. 00 p. m. when the petitioner was away at the school about six kilometers away and she could not contact her husband. It is alleged in paragraph 13 that a report dated 25-6-1994 was prepared by the Rent Control Inspector in collusion with the respondent No. 3 in order to illegally grab the house in question. In paragraph 17 it is alleged that when the petitioner came to know of the notice he went to the office of the respondent No. 1 on 27-6-1994 and came to know that an illegal report has been published inviting objections. The petitioner filed objection dated 28-7-1994, true copy of which is annexure-4 to the writ petition. However, by order dated 8-8-1994 vacancy was declared, true copy of which is annexure-6 to the petition. The petitioner has filed alongwith his objection filed on 28-8-1994 also a release application, while respondent No. 3 on 12-8-1994 had filed the allotment application.

3. It is alleged in paragraph 28 that by order dated 18-8-1994 the respondent No. 1 rejected the petitioners release application and allowed the allotment application of the respondent No. 3 on the same day. The petitioner has further alleged that on the same date on which the allotment order was passed i. e. 18-8-1994 at about 7. 30 p. m. the respondent No. 3 accom panied by the members of his party and about 50 goondas raided the accommo dation in dispute, broke open the locks and removed the effects of the District Horticulture Officer in the presence of the police authorities. It is alleged in paragraph 31 that these hoodlums and goondas who accompanied the respondent No. 3 not only broke

open th












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