GANESHI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) "Be you never so high, the law is above you" is an acclaimed oft quoted aphorism of over three centuries vintage. In Regina V. Woodley the Chief Justice had remarked that - "the law is for protection of the weak more than the strong." Regretfully the manner in which the procedural protection and requirements have been scattered in the storm is reminiscent of Oliver Goldsmith words in the Traveller - "Laws grind the poor, and rich men rule the law." The Petitioner is a Safai Karamchari who had to simultaneously suffer the death of her husband, and face eviction from her home without even an opportunity to present her defence. In little more than a fortnight she lost her husband and her home. The proceedings conducted by the Respondents betray a callousness which is seldom encountered.

(2.) The facts of the case are not in dispute. On 5.6.2003 officials of the Military Engineering Department visited the premises alloted and occupied by the Petitioner, who is employed as a Safai Karamchari in the Base Hospital. The allegation against her is that she was supplying electricity to the nearby jhuggi dwellers. She was asked to appear before the Authorities on the following day, that is, 6.6.2003. The Petitioner states that she received telephonic information from Bhopal, Madhya Pradesh to the effect that her husband was seriously unwell. On reaching Bhopal on that very day she learnt that her husband had succumbed to his illness. She remained in Bhopal from 6.6.2003 to 25.6.2003 along with her family consisting of two young daughters and one son for performing her husband's last rites. In her absence, and admittedly without affording her any opportunity of being heard, the following letter dated 13.6.2005 was addressed to the Estate Officer Court, Station Headquarters Delhi Cantt. UNAUTHORISED OCCUPATION OF GOVT MARRIED ACCN NO 61/8 MH LINE, DELHI CANTT-10 1. Smt. Ganeshi Bai, S/W of Base Hosp, Delhi Cantt was allotted Govt. md accn No 61/8 MH Line (Type-I), Delhi Canntt on regular basis. On physical check of qr No 61/8 MH Line by Adm Comd and rep of Delhi Area Pro Unit on 02 Jun 03, it was found that Smt Ganeshi Bai, S/W was found to be supplying electricity to nearby JJ clusters from her house which is in contravention of Rule 17 of SRO 308/1978. 2. In view of the above, you are requested to try the lady for unauthor- ise occupation of qr No 61/8 M.H. Line wef 02 Jun 03 as per PP (EUO) Act 1971. 3. Photographs of the same are att. <FRM>MAH.B3009205A.htm</FRM>

(3.) A Notice dated 14.6.2003 was thereafter issued from the Court of the Estate Officer, Delhi Station, Delhi Cantt which reads as follows:- NOTICE UNDER SUB SECTION (1) AND CLAUSE (b) (ii) OF SUB SECTION (2) OF SECTION 4 OF THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 Whereas I the undersigned am of opinion on the grounds specified below that you are in unauthorized occupation of the public premises, mentioned in the schedule below and that you should be evicted from the suit premises:- GROUNDS The public premises, Govt Married Accn, House No. 61/8 (Type-I) MH Line, Delhi Canntt was allotted to you by the Department on regular basis. On physical check of said public premises by the Adm Comdt and the Rep of Delhi Area Pro Unit, Delhi Canntt on 02 Jun 2003, it was found that you were found to be supplying electricity to nearby JJ clusters from your house i.e. said public premises which is in contravention to the Rule 17 of SRO 308/78. Therefore, Department had cancelled the allotment of said public premises wef 02 Jun 2003 vide their letter No202/6/A/61/8/MH Line/Q4 dated 13 Jun 2003 and reported that you have been in unauthorized use/occupation of said public premises wef 02 Jun 2003 till date of vacation and liable to be evicted besides payment of damage rate of rent. Now, therefore, in pursuance of Sub Section (1) of Section 4, I also call upon you to Show Cause on or before the 21 Jun 2003 why such an order of eviction should not be made. And in pursuance of Cl. (ii) of sub section (2) of Section 4, I also call upon you to appear before me in person or through duly authorized representative capable to answer all material questions connected with the matter along with the evidence which you intend to produce in support of the cause shown on 21 Jun 2003 at 1030 hrs for personal hearing. In case you fail to appear on the said date and time, the case may be decided ex-parte. SCHEDULE Public Premises : House No 61/8 (Type-I) MH Line, Delhi Cantt. Sd/- SK Uppal) Brig Estate Officer