HARISH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner retired as the President of Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi after completing his tenure of three years on 12th April, 1995. During his tenure as the President, the petitioner was allotted and had occupied flat No. D-5, M.S. Flats, Baba Kharag Singh Marg, New Delhi but the said flat was not vacated by him till 23rd February, 2000.

(2.) The Estate Officer vide his order dated 15th September, 2005 held that the petitioner is liable to pay damages amounting to Rs.7,43,737/- for unauthorized occupation of the government flat after retirement. By the impugned order dated 7th October, 2009, the appeal filed by the petitioner under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act, for short) has been dismissed and it has been held that the petitioner is liable to pay Rs.7,43,737/- for unauthorized occupation during the period between 12th October, 1995 to 23rd February, 2000.

(3.) Learned counsel for the petitioner has submitted that the petitioner was not an unauthorized occupant as he was authorized to occupy the said flat by an interim stay order passed by this Court in W.P. (C) No. 2399/1998 and this interim order was modified vide order dated 24th December, 1999 by which the petitioner was granted time upto 29th February, 2000 to vacate the premises.