MICRON ENGINEERS Vs. ESTATE OFFICER

JUDGEMENT

(1.) Petitioner was granted with licence by respondent No.3 in respect of Industrial Shed Ancillary Unit bearing No.B-10 including the temporary structures and hard stands situated at Bharat Electronics Limited, Industrial Estate, Bengaluru, measuring east to west 29.80 mtrs. and north to south 17.80 mtrs, which totally comes to 530.44 square meters. The licence granted is for a period of 20 years commencing from 1.8.2016 to 31.7.2036. License was granted to the petitioner for use of schedule premises with its entrances and approaches for the specified activities as stated in the License Deed.

(2.) Respondent No.1 issued a notice dated 30.8.2019 under Section 4(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'Act') to show cause as to why an order of eviction should not be passed for having put up construction on the unlicensed premises in violation of conditions imposed in License Deed. Petitioner filed its explanation to the said show cause notice denying that it has breached the conditions imposed in the License Deed.

(3.) Respondent No.1 by order dated 21.10.2019 exercising his power under Section 5(1) of the Act directed the petitioner to vacate the premises alleged to have been encroached by the petitioner within 15 days, failing which the petitioner will be forcibly evicted from the premises alleged to have been encroached by the petitioner. Being aggrieved, petitioner filed an appeal under Section 9 of the Act.