SARITA SHARMA Vs. CHARIMAN NDMC

JUDGEMENT

(1.) Rule. With the consent of the parties, the matter is taken up for final disposal.

(2.) The petitioner is aggrieved by the impugned letter dated 6.8.2001 issued by the Assistant Director (Estates) of the NDMC. By the impugned letter dated 6.8.2001, the petitioner has been treated as an unauthorised occupant w.e.f. 01.03.95 and has been shown to be liable to pay damages at market rate for the period of unauthorised occupation. The impugned letter also indicated that in case the premises in question and the damages/arrears are not paid then action under Sections 5 and 7 of Public Premises (Eviction of Unauthorised Occupant) Act, 1971 (hereinafter referred to as the said Act) would be initiated against the petitioner. Since the petitioner did not hand over the possession as directed in the impugned letter dated 6.8.2001 and did not pay the damages demanded, proceedings under the said Act had been initiated.

(3.) The present writ petition was filed thereafter in which the petitioner, by an interim order, was protected against the dispossession and payment of damages. The proceedings before the Estate Officer have, thereafter, been stalled.