H S GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will deal with two writ petitions Nos. 63 and 69 of 1973.

(2.) The petitioner H.S. Gupta in petition No. C.W. 8/73 was an Assistant in the Ministry of Communication. He was in occupation of Type V quarter No. 35-C, Irwin Road, New Delhi. On account of his retirement, his allotment was cancelled with e:Tect from 12-12-1965, but the petitioner did not vacate. Proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (which was later on replaced by the Act of 1971), were taken and he was directed to vacate the premises on 28-9-1969. He filed an appeal against the order of eviction which was dismissed by the Additional District Judge. Thereupon, he filed a writ petition in this court which too was dismissed on 6-9-1972 and he was finally directed to vacate the premises by 15-1 1-1972. He was asked to pay damages from 1-1-1968 to 31-3-1968, 1-7-1968 to 22-10-1968 and 1-2-1969 to 30-9-1969 at the rate of Rs. 141.40 per month, in all Rs. 2079.95. After considering the matter, the learned Estate Officer upheld the claim of the Directorate of Estate and held that the petitoner was liable to pay the said amount of damages calculated at the rate of Rs. 141.40 per month. His order is dated 16-3-1972. The petitioner went in appeal to the Additional District Judge, but the same was dismissed on 11-10-1972 because firstly, it was barred by limitation and secondly it was without any merit.

(3.) Meanwhile, another order was passed by the Estate Officer on 26-4-1972 in which he directed the petitioner to pay damages at the increased rate of Rs. 189.25 per month for the period 1-10-1969 to 31-10-1971 to the tune of Rs. 4444.15.