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2020 Supreme(All) 1072

ASHWANI KUMAR MISHRA
Vijay Sharma – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sumit Daga
For the Respondent: A.S.G.I., Ankit Gaur, Chandra Prakash Yadav, Satish Kumar Rai

JUDGMENT :

1. Heard Sri Sumit Daga, learned counsel for the petitioner, Sri Chandra Preshrank Yadav for respondent nos. 1 and 3 and Sri Satish Kumar Rai for respondent no. 2.

2. This petition is directed against a notice dated 4.8.2016 and the consequential order dated 28.2.2020 (Annexures-1 and 3 to the writ petition), whereby alleged constructions raised by the petitioner has been directed to be demolished. This order has been passed invoking the provisions contained in Section 5A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act of 1971). The order records that petitioner is an unauthorised occupant and has no semblance of right to remain in possession and, therefore, the constructions raised by him are unlawful.

3. The writ petition was heard on 6.10.2020 and following orders were passed:-

    “One of the ground urged on behalf of petitioner is that in view of repeal of the Cantonments Act,1924, the provisions of Public Premises Act itself will not be attracted upon the Cantonment property, inasmuch as by virtue of Section 2(e)(2)(viii) of the Act, the only property covered within the definition of Public Premises is one belong

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