UNION OF INDIA Vs. ONKAR NATH DHAR

JUDGEMENT

(1.) The order passed by the learned Division Bench of the High Court of Punjab and Haryana on 07.07.2011 is the subject matter of challenge in the present appeal. The learned Single Bench has allowed the writ petition of a Kashmiri migrant, the respondent1 who shifted to Jammu in the year 1989 or so. He was transferred to the office of the Intelligence Bureau in Delhi. Later he was transferred to Faridabad where he has been allotted a government accommodation. The respondent attained the age of superannuation from service on 31.10.2006.

(2.) The respondent gave representation to the appellant to allow him to retain the government accommodation, which was allowed and Dhar was allowed to retain house for another one year. Dhar submitted another representation on 18.6.2007 to allow him to retain house allotted to him on a nominal licence fee till the circumstances prevailing in Jammu and Kashmir improve and the Government makes it possible for him to return to his native place.

(3.) Dhar was served with a notice under the Public Premises (Eviction of Unauthorised Occupant) Act, 1971. An order for eviction against Dhar was passed but was stayed by the learned Additional District Judge, Delhi. An objection was raised of territorial jurisdiction of the Delhi Court. Dhar withdrew his appeal and filed it in the Court of learned Additional District Judge, Faridabad which was dismissed on 19.08.2009. Such orders were the subject matter of challenge before the learned High Court of Punjab and Haryana in the civil writ petition, which was allowed on 24.10.2010.