KABOOL SINGH Vs. N D M C

JUDGEMENT

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

(2.) Petitioner, by this writ petition, seeks quashing of office order bearing No.SAA(Q)/Estate/373/P dated 21.8.2001, Annexur-P herein and order bearing No.SAA-IV(Q)/Estate/P/44 dated 28.2.2002, Annexure P-4. By the impugned order dated Annexure-P, the Assistant Director (Quarters) (Estate) of the respondent-NDMC cancelled the allotment of the petitioner in respect of Quarter No.S-5, Abul Fazal Road, Bengali Market, New Delhi. Petitioner was debarred from allotment of quarter for a period of one year and required to vacate the quarter within 15 days from the receipt of cancellation order. The damages @ Rs.2996/- per month w.e.f. 4.1.1999 to 31.10.1999 and @ Rs.3457/- per month w.e.f. 1.11.1999 till the date of vacation were intimated. It was further mentioned in the notice that in case petitioner fails to hand over vacant possession of the quarter within the stipulated time of 15 days, necessary eviction proceedings under Sections 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 would be initiated.

(3.) By the impugned order dated 28.2.2002, (Annexure P-4), the cancellation order dated 21.8.2001, was revoked w.e.f. 17.4.2001 and licence fee, to be charged, was informed as under:- From 4.1.99 to 31.10.99 damages charges/Market Rent @ Rs.2996/- per month. From 1.11.99 to 16.4.2001 damages charges/Market Rent @ Rs.3457/- per month. From 17.4.2001 to 29.11.2001 (i.e. the date of vacation) licence fee @ Rs.199-/- per month.