RAJBIR SINGH Vs. AIR COMMANDER AOC.

JUDGEMENT

(1.) This petition has been preferred seeking the following reliefs:-

(2.) The petition has evidently come to be preferred after the culmination of proceedings initiated by the respondents under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 [Act]. The record bears out that the allotment of the quarter in question was cancelled by the respondents and an order of eviction framed. Since the petitioner failed to vacate the premises, the Estate Officer proceeded to pass an order of eviction on 11/9/2017. That order was challenged by the petitioner here by filing an appeal under Sec. 9 of the Act which has come to be dismissed on 1/4/2021. It becomes relevant to note that the orders passed in proceedings under the Act have neither been questioned nor assailed by the petitioner here.

(3.) Insofar as the backdrop in which the quarter came to be allotted to the petitioner is concerned, it becomes pertinent to note that, taking into consideration the medical ailment of the petitioner, the respondents on humanitarian grounds had made an allotment in his favour on 25/9/2013. Since the petitioner was undergoing treatment at that time, the allotment was continued upto 24/9/2016. Since the petitioner failed to hand over vacant possession after September 2016, notices were issued calling upon him to either apply for extension of permission to retain the premises if the same be based on cogent medical grounds or to vacate the same. Pursuant to those notices, the petitioner submitted an application on 6/10/2016 for being permitted to continue to occupy the premises. The said application was duly considered by the Senior Medical Officer [SMO] who upon consideration of the medical reports which were produced, proceeded to observe that his condition had improved and that he would only be required to go for periodical check-ups as an outpatient at the Safdarjung Hospital. Based on the aforesaid assessment, the respondents came to conclude that their existed no justification for permitting the petitioner to retain the premises in question.