SHAILENDER KUMAR AGGARWAL Vs. DIRECTOR OF ESTATES

JUDGEMENT

(1.) QUARTER No. D-48, Dress Lane, Minto Road, was allotted to Mr G.C. Aggarwal, father of the petitioner. The petitioner, Shailender Kumar Aggarwal, was also residing in the said quarter with his father. On retirement of his father, the aforesaid quarter was not vacated and the petitioner continued to reside there. The petitioner applied for regularization or out of turn allotment of the aforesaid quarter in his favour. The said request having not been acceded to and proceedings under Public Premises (Eviction of Unauthorized Occupants) Act having been initiated, OA No. 660 of 1991 was filed by the petitioner before the Central Administrative Tribunal. Vide order dated 31.03.1993, the said Tribunal allowed the petitioner to continue in the aforesaid accommodation as a special case, till his turn for allotment under Postal Pool matured, according to his entitlement.

(2.) IN W.P.(C) No. 585 of 1994, Shiv Sagar Tiwari vs. Union of India, the Hon'ble Supreme Court came to consider the occupation of the aforesaid quarter by the petitioner and held that the Tribunal was not justified in issuing the aforesaid direction. The Apex Court, however, noted that the Directorate of Estate had not passed any special order, as directed by the Tribunal. The Directorate of Estate was directed to do so within two weeks. It was also made clear that henceforth the petitioner would be required to pay market rent for occupation of the aforesaid quarter.

(3.) IT would thus be seen that the Court was of the view that the policy dated 29.07.2010 would apply to the petitioner since application for allotment was submitted by him only on 05.08.2010, when the said revised policy had already come into force. Now, the petitioner is again before this Court, challenging the policy/circular dated 29.07.2010, revising the criteria for allotment of BSNL Pool Residential Accommodation and also seeking a direction to respondent No. 3- BSNL to allot a Type-IV accommodation to him.