GANPAT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this petition under Article 227 of the Constitution of India, challenging judgment dated 6.10.2009 passed by District Judge, New Delhi. Vide impugned judgment, appeal of petitioner under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short as ,,Act) against order dated 7.6.2004 passed by Estate Officer, was dismissed.

(2.) Case of petitioner is that he has been running a Dhaba at site in question i.e. near D-157, Sarojini Nagar, New Delhi for last more than 30 years. The said Dhaba is registered under Delhi Shops and Establishments Act and it comes under the jurisdiction of NDMC and the same has been assessed for the purpose of house tax also. It is stated that CPWD has no concern whatsoever, either as owner or lessee of the site in question, therefore, the Estate Officer has no jurisdiction to pass any order. NDMC has also allotted an alternative Tandoor site to the petitioner at Golf Links but the same could not be allotted to him since letter of allotment was received after the expiry of date of intimation. Thus, this fact corroborates that CPWD, does not have any hold on the premises in question and CPWD is meant only for Government quarters and they have no possessory or title over the property in question.

(3.) A Show cause notice as per provision of Section 4 of the Act was issued by the Estate Officer. Petitioner filed his response to the show cause notice. Thereafter, Estate Officer, vide order dated 7.6.2004, passed an eviction order. Petitioner filed appeal before District Judge, challenging the order of Estate Officer.