ASLAM JAMIR Vs. BHILAI STEEL PLANT

JUDGEMENT

(1.) Challenge in this petition is to the notice dated 22.03.2004 (Annexure P/1), whereby, the petitioner has been directed to vacate the official accommodation of the respondent-Company bearing No. 2D, at Street No. 35, Sector 7, Bhilai, District Durg, within a period of seven days, failing which action under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short "the Act, 1971") would be taken.

(2.) The facts, in brief, as projected by the petitioner are that the petitioner is a social worker. The petitioner was permitted to reside at the aforestated accommodation, although the house was allotted in the name of some other employee of the respondent-Company. A condition was imposed to pay rent to the respondent-Company. The petitioner has been residing in the said accommodation since the year 2001. All of a sudden, vide notice dated 23.04.2004 (Annexure P/1), the petitioner was directed to vacate the premises within a period of seven days.

(3.) At the very outset, Shri Tiwari, learned counsel appearing for the petitioner submits that the notice impugned herein does not amount to a notice as it does not provide any opportunity to the petitioner to explain his stand and was directly ordered to vacate the premises within a period of seven days.