SANJAY CHAWLA Vs. MCD

JUDGEMENT

(1.) Order of the Estate Officer dated 16th November, 2000 under Section 5B(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act), which has been upheld by the learned Additional District Judge by his order dated 4th December, 2000 have been challenged.

(2.) Estate Officer has observed that the petitioners herein, as per the report of Survey Branch (Slum) dated 3rd November, 1999 are running 9 shops and a school in and around quarter No. C-84, Jhilmil Colony, Shahdra, Delhi and have unauthorizidely occupied adjoining lands measuring 572.90 sq. meters. By order dated 16th November, 2000, the petitioners were directed to remove building and immovable structure/fixtures within 15 days. It was further directed that the petitioner will pay Rs. 16,00,686/- as costs of removal of the said building and immovable structure/fixture. The said order has been upheld by the Additional District Judge, who has observed that costs of Rs. 16,00,686/- has been imposed on account of removal of structure and fixture and no order for damages for unauthorized occupation has been passed. The aforesaid observation was made in view of the contention of the petitioners that no notice under Section 7 of the Act was issued to the petitioners.

(3.) By order dated 7th December, 2000, this Court had issued notice after noticing that an application filed by the petitioners for regularization was pending. The petitioners were directed to deposit Rs. 5,00,000/- in two installments. It is stated that a sum of Rs. 5,00,000/- has been deposited in the Registry of this Court in terms of the order passed. Thereafter, vide order dated 23rd July, 2001, Rule was issued.