The retrospective cancellation of residential allotment without prior notice or opportunity to be heard violates the principles of natural justice and is subject to judicial review.

O R D E R

12.01.2026

1. This hearing has been done through hybrid mode.

2. The present petition under Articles 14 and 21 of the Constitution of India, 1950 seeks the following prayers: -

a) Quash the impugned eviction order dated 07.01.2026, passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India;

b) Quash and set aside the retrospective cancellation of allotment of the subject residential accommodation, inasmuch as the same has been effected without issuance of any prior show cause notice and without affording the petitioner an effective opportunity of hearing, thereby being in gross violation of the principles of natural justice, particularly the rule of audi alteram partem;

c) Declare that the impugned cancellation of allotment and all consequential actions cannot be given retrospective effect, and that the petitioner’s occupation of the premises pursuant to a valid allotment shall not be treated as unauthorised for any past period;

d) Issue an appropriate writ, order or direction restraining the respondents from taking any coercive or eviction action against the petitioner pursuant to the impugned orders;

e) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”

3. Learned Senior Counsel appearing on behalf of the petitioner submits that the latter was allotted Type-VI A flat vide order dated 11.06.2024 and subsequently, the said allotment was cancelled with retrospective effect vide communication dated 29.10.2025 by way of an SMS sent on the mobile phone. It is pointed out that before the said cancellation, no show-cause notice was issued to the petitioner and the said cancellation was done on the ground that there was an incorrect entry of pay level on the e-sampada portal. It is further pointed out that the said incorrect entry had occurred due to inadvertent error in the pay fixation by CGWB and not on account of misrepresentation made by the present petitioner. The present impugned order dated 07.01.2026 has been passed pursuant to the aforesaid cancellation.

4. Attention of this Court has been drawn to the communication dated 24.12.2025 issued on behalf of the Ministry of Jal Shakti to the Directorate of Estates confirming the aforesaid position. It is further pointed out that the said communication also recommended that the respondent no. 1/Directorate of Estates may consider allotting the Type-V accommodation to the petitioner under the Tenure Pool as per his admissible entitlement.

5. Learned counsel appearing on behalf of the petitioner on instructions of the latter submits that he is willing to opt for Type-V accommodation as per the aforesaid accommodation. However, the same has not been acceded to by the respondent no. 1/Directorate of Estates.

6. Issue notice to the respondents on petitioner taking necessary steps through all permissible modes including electronic mail, if any, including dasti as well, returnable on 18.02.2026.

7. In the meantime, the operation of the impugned order dated 07.01.2026 passed by respondent no. 1/ Estate Officer shall be deferred till the next date of hearing.

8. Order be communicated to the concerned Officer for necessary information and compliance.

9. Order be given dasti under the signature of the Court Master of this Court.

10. Order be uploaded on the website of this Court forthwith.