SHARMA MONTESSORI SCHOOL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks quashing of Estate Officer?s order of 31st January, 2000 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 directing eviction of petitioner from Government?s Lodhi Road school site area of 1616 sq. yards (henceforth referred to as subject site/premises), which stands affirmed by the Appellate Authority vide impugned order of 8th April, 2000. Consequential relief of quashing respondent?s communication of 17th May, 2000 demanding damages for unauthorized use of the subject site and restoration of the subject site is also sought by petitioner in this writ petition.

(2.) The first respondent vide its communication of 14th July, 1956 (Annexure R-1 to the counter) had made temporary allotment of the subject site for a period of one year only with a rider that petitionersociety should apply for a permanent allotment of site immediately to the Director of Education. In this context, it would be relevant to note that respondent vide its communication of 5th July, 1963 (Annexure R- 2 to the counter) had regularized unauthorized occupation of the Government land i. e. the subject site upto 30th June, 1963 upon payment of ground rent, charges for execution of temporary lease etc. Respondent vide its communication of 10th August, 1965 (Annexure R-3 to the counter) had offered to regularize the unauthorized occupation of petitioner on the Government land i. e. the subject site upto 14th July, 1965 upon terms and conditions, which were not complied with by petitioner.

(3.) It is the case of respondents that petitioner did not comply with the terms of allotment and had not paid the rent and so no Lease Agreement was executed and petitioner?s unauthorised occupation on the Government land i. e. the subject site continued from July, 1963 till July, 1999, when proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were initiated, which resulted in passing of eviction order, wherein respondent?s demand of damages to the tune of Rs 28,57,208/- is also affirmed, while holding that the subject site forms part of Government Land which was acquired vide Government?s Notification of 21st December, 1911 and is under the control of Ministry of Urban Development.