PIYUSH BAGORIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this appeal is to an order dated December 21, 2023 passed by the learned Single Judge in W.P.(C) 16623/2023 whereby the learned Single Judge while dismissing the petition has in paragraph 8 stated as under:

(2.) The challenge in the writ petition was to an order dated November 18, 2023 passed by the learned Principal District and Sessions Judge in an appeal filed against the order dated June 30, 2022, of the Estate Officer in the proceedings initiated under The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 ('Act of 1971', for short) in respect of a premises being House No. No.P-12/11, Basantra Lines, Delhi Cantt.-110010 which was directed to be vacated by the appellants herein within a period of 60 days.

(3.) The facts as noted from the record are that the appellants who are represented through their mother are the family members of Late Martyr Ram Chander, who was enrolled in Territorial Army on September 17, 2009. He died due to battle casualty (fatal) on May 31, 2016. On September 20, 2016, the appellant was allotted the premises. On Februray 24, 2022, the respondents initiated the proceedings under the Act of 1971 by issuing a notice stating that the appellants are unauthorized occupants of the aforesaid premises and directed them to vacate the same. The notice was replied vide letter dated April 15, 2022 with a request to the respondents to extend the accommodation on the ground that she has four children and is facing hardship.