SANJAY MEDICOS Vs. DIRECTOR ADMINISTRATION LNJP HOSPITAL

JUDGEMENT

(1.) A short but neat question of law arises in this writ petition which is common in all the four writ petitions. Petitioners are in occupation of shop Nos. 1,2,3 and 4 respectively in an Ashram known as Baba Haider Das Ashram which is allegedly situated inside Lok Nayak Jai Pr akash Hosp ital (LNJP, for short). Respondent No. 2 who is appointed as Estate Officer (Central District) received from Director (LNJP Hospital) reference dated 23rd October, 2000 stating that a part of the land allotted to the hospital by the Land and Building Department, Government of India had been encroached by few persons who had established an Ashram known as Baba Haider Dass Ashram about 10-15 years go. In this reference it was also stated that the said Ashram has started commercial activities from those places by constructing four pucca shops and renting them to the following persons:

(2.) Public Grievance Commission also made complaint regarding unauthorised encroachment in LNJP Hospital and directed in its order dated 17th August, 2000 to remove unauthorisedly constructed four pucca shops.

(3.) On the basis of aforesaid reference separate notices dated 15th November, 2000 under Section 5-A(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was served upon the petitioners. Petitioner contested these notices on various grounds. One of the grounds taken was that they were tenant under Baba Haider Das Ashram and occupying these shops in that capacity and validity of the notice was challenged on the grounds that notice had not been served upon the said Ashram and it was not made a party in the proceedings. However, after hearing the parties, respondent No. 2 passed order dated 21st December, 2000 holding petitioners to be unauthorised occupant of the aforesaid shops and directed that they be removed from the said public premises.