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CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjiv Kumar, Member (A)
Rakesh Kumar Maurya – Appellant
Versus
C.M.D., B.S.N.L – Respondent
| Table of Content |
|---|
| 1. allotment of higher quarter with consent, long possession, normal rent charged. (Para 2 , 3 , 8 , 9 , 10 , 13) |
| 2. rules distinguish flat vs. three times fee for surplus vs. out-of-turn allotments. (Para 4 , 5 , 11 , 14) |
| 3. no retrospective penal rent; perfected right by occupation; prospective charge allowed. (Para 12 , 15 , 16 , 17) |
ORDER
This original application has been filed under section 19 of Administrative Tribunals Act 1985 seeking relief to set aside the order dated 11.01.2023, demand letter dated 27.03.2023 29.03.2023 and 03.04.2023 and to direct the respondents to not cancel allotment order dated 22.03.2011 issued in favour of the applicant. Prayer has also been made for a direction to the respondents not to disturb the applicant’s possession or compel him to vacate the quarter no. 3 type III and to stay the realization of arrear of the rent according to 3 times of license fee.
2. The facts of the case, in brief, are that the applicant, who is presently posted as Office Superintendent in the office of D.G.M., B.S.N.L., Gazipur, was allotted quarter no. 3 type III vide letter dated 22.03.2011 by the Divisional Engineer (Admn.), office of TDM, Gazipur after
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