G R GUPTA Vs. LOK SABHA SECRETARIAT

JUDGEMENT

(1.) The petitioner before this Court was allotted Bungalow No. 6, Talkatora Road, New Delhi, while on deputation with Lok Sabha Secretariat from 14.02.1979 to 26.07.1982. The petitioner was repatriated from Lok Sabha Secretariat on 25.07.1982, but he continued to occupy the aforesaid house. The petitioner superannuated from Government service on 31.12.1993. On 15.05.1996, he was appointed as a Member of Consumer Disputes Redressal Forum, Delhi, where he continued to work till 11.12.2000. Vide communication dated 27.08.2001, Lok Sabha Secretariat informed the petitioner that the aforesaid house could have been retained by him only up to 02 months from the date of his repatriation and, therefore, his occupation with effect from 26.09.1982 was unauthorized and the allotment was deemed to have been cancelled with effect from that date. He was accordingly required to vacate the house and deposit market value with effect from 29.09.1982 till the vacation of the house. This was followed by reminders dated 10.09.2001 and 20.09.2001. The house came to be vacated by the petitioner on 2.09.2001 and intimation in this regard was given by the petitioner to Lok Sabha Secretariat on 08.10.2001.

(2.) On a reference made to him by Lok Sabha Secretariat, the Estate Officer of Lok Sabha Secretariat issued notice to the petitioner under Section 4 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 followed by a notice under Section 7(3) of the said Act. Vide order dated 21.11.2003, the Estate Officer held that since normal licence fee continued to be deducted from the salary of the petitioner up to 31.12.1993, and thereafter, he was entitled to retain the house for another 08 months, and also taking note that nobody asked the petitioner to vacate the house till 15.05.1996, the date on which he was appointed as a Member of Consumer Disputes Redressal Forum where he continued to work till 11.12.2000, held that the petitioner had overstayed in the said house from 01.09.1994 to 27.09.2001 for which he could be charged licence fee at normal rate for the period from 01.09.1994 to 31.08.1994 and double of the licence fee for the remaining period from 01.09.1994 to 27.09.2001.

(3.) Being aggrieved from the order passed by the Estate Officer on 21.011.2003, the Lok Sabha Secretariat preferred an appeal before the learned District Judge, Delhi. The said appeal came to be decided vide order dated 13.09.2010. The learned District Judge held that the occupation of the petitioner, after expiry of two months from his repatriation from Lok Sabha Secretariat, was unlawful and unauthorized.