Back
SANJEEV SACHDEVA, VINAY SARAF
Jyotinder Singh Saluja – Appellant
Versus
Bharat Heavy Electrical Ltd. – Respondent
ORDER
Saraf, J:-- 1. This order will dispose of M.P.No.5575/2024 and M.P.No.6415/2024 as the issue involved in both the petitions are identical.
2. These Misc. Petitions have been preferred by the petitioners being aggrieved by the orders passed by Principal District Judge, Bhopal in R.C.A.No.66/2023 and 67/2023 on 18.09.2024; whereby the learned District Judge dismissed the appeals preferred by the petitioners assailing the order dated 15.06.2023 passed by the Estate Officer, Bharat Heavy Electricals Limited (BHEL) Bhopal in Case No.3940/2022 and 3938/2022 under section 5(1) and 7 of the Public Premises (Eviction of Unauthorised Occupants), Act, 1971 directing the eviction of the petitioners from the lease premises and recovery of the arrears of licence fee till delivery of the possession.
3. With the consent of parties, arguments heard for the purpose of final disposal of the petitions.
4. Heard Shri Manoj Kumar Sharma, learned Senior counsel for the petitioner and Shri Ashok Lalwani, learned Senior counsel for the respondent.
5. For the sake of convenience, the facts are being taken from M.P.No.5575/2024.
SHORT FACTS OF THE CASE
6. The short facts of the case are that the petitioner
The court emphasized the finality of the petitioner's status as an unauthorized occupant and upheld the criteria for assessment of damages laid down by NDMC.
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
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....
PP Act prevails over state rent acts for evicting unauthorized occupants from public premises, including pre-existing tenancies post-acquisition; unauthorized assignment, decades-long rent default, a....
The court affirmed the eviction order based on the petitioners' continual non-payment of licence fees, rejecting claims of unconstitutional statute and unproven oral agreements regarding payment redu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
