LAWS(DLH)-2010-3-124

SUBEDAR H L MADAN Vs. U O I

Decided On March 15, 2010
EX.SUBEDAR H.L.MADAN Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) The petitioner, an ex-serviceman, on 18th November, 1988 was allotted a kiosk at 10, Shastri Bazar, Delhi Cantt. by the Delhi Cantonment Board. By the letter dated 16th March, 1989, the petitioner was informed that the initial allotment was for a period of five years. The petitioner was handed over possession of the kiosk on 15 th July, 1989.

(2.) On 28th August, 1992, the Cantonment Board Executive Officer sent an eviction notice to the petitioner, which was challenged in a civil suit before the Sub Judge, Tis Hazari Court, Delhi. The said suit was disposed of on 12th February, 1993 in view of the statement made by the Cantonment Board Executive Officer that the petitioner would be evicted after following the due process of law.

(3.) On 28th December, 1994, the petitioner received a notice issued by the Estate Officer in the eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 ('the Act' for short) filed by the Army Headquarters. These eviction proceedings were later on withdrawn on 18th June, 1996.