UNION OF INDIA Vs. DEEPA SHARMA

JUDGEMENT

(1.) The present petition is directed against the order dated 22nd August, 2014 passed by the learned District and Sessions Judge, New Delhi in PPA No. 8/2014 whereby the Order dated 6th January 2014 passed by the Estate Officer of the petitioner was set aside.

(2.) Briefly recapitulating the facts leading to the filing of the present petition are that late Cdr. S.K. Sharma, husband of the respondent herein, was allotted Ministry of Defence pool accommodation bearing No.D -II/274, Chanakya Puri, New Delhi while he was posted at Naval Headquarters w.e.f. 27th December, 1991. It is stated that on his posting out of Naval Headquarters to Mumbai w.e.f. 22nd June 1992 he was permitted to retain accommodation upto 31st March, 1993 on the ground of his children education.

(3.) It is stated that as per the Ministry of Defence Accommodation Rules the officer was required to vacate the accommodation by 31st March, 1993. The Officer unauthorisedly overstayed beyond the permissible period and hence was liable to be evicted from the public premises and charged damages for the period he overstayed in accordance with the provisions of Pubic Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 'PP Act'). It is stated that the flat was required by the respondent, widow of late Cdr. S.K. Sharma, who at that time was serving as Judge, Labour Court, Delhi and she requested to transfer the aforesaid accommodation in her name.