ILYAS AZMI Vs. DIRECTORATE OF ESTATES

JUDGEMENT

(1.) The appellant is aggrieved with the order passed by the learned Single Judge dated 06.10.2006 in W.P.(C) No. 14907-08/2006 and has challenged the same by filing the present appeal. The main grievance of the appellant is that he has not been given adequate time to take recourse under Section 9 of the Public Premises Act so as to challenge the eviction order which has been passed by the Estate Officer under Section 5 of the Public Premises Act. The appellant has also contended that vide letter dated 14th /17th July 2006, the Lok Sabha Secretariat had directed the Office of Directorate of Estates to keep in abeyance the eviction proceedings and, therefore, any notice served by the Directorate of Estates under Section 5 of the Public Premises Act prior to 14th/17th July, 2006 was of no consequence.

(2.) We have heard the learned counsel for the appellant and have perused the order passed by the learned Single Judge. The brief facts which are not in dispute inter-alia are that at the request of appellant No. 1 who was a Member of Parliament, a guest accommodation was allotted for a short period w.e.f. 2.1.2006 to 1.4.2006 on payment of licence fee at market rate. The appellant has filed the said allotment letter dated 30.12.2005 as Annexure P-1 which clearly stipulates that on the expiry of the period of allotment, the guest accommodation shall have to be vacated. It would be relevant to reproduce para 1 of the allotment letter as well as paras 1 and 4 of the terms and conditions of allotment which are as under:-

(3.) A bare perusal of the aforesaid terms and conditions would clearly show that the guest accommodation was given for a very brief period and as per the terms and conditions of the allotment letter, the position was made explicitly clear by the Lok Sabha Secretariat that there will not be any extension and on the expiry of the allotment period, the guest accommodation would have to be vacated. The appellant should have appreciated that the guest accommodation if extended like this, then it would defeat the very purpose of accommodating other guests at the request of other MPs and similar like position holders.