HAR DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for restoration of the writ petition which was dismissed for non-prosecution. After hearing the counsel for the parties, this application stands allowed. The writ petition shall be taken up for disposal today itself. On 07.02.2007 when this matter came up for the first time, the learned counsel for the petitioner questioned the authority of Mr Nitin Wakankar to continue as the Estate Officer in respect of the premises, inter alia, comprised in President's Estate in New Delhi. He had submitted that in view of Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act) the power to appoint an Estate Officer vests with the Central Government. Section 3 of the said Act reads as under:

(2.) The learned counsel further submitted that the Gazette of India No. 29 for the period July 13 " July 19, 2003 contained a notification dated 15.07.2003 issued by the President's Secretariat designating Shri Nitin Wakankar as the Estate Officer for premises comprising the President's Estate in New Delhi, Shimla (Himanchal Pradesh), Dehradun (Uttaranchal) and Bolarum, Secunderabad (Andhra Pradesh). The said notification reads as under:-

(3.) It was further contended on behalf of the petitioner that the above notification was framed by the President's Secretariat and that would not amount to a notification issued by the Central Government which was a requirement under Section 3 of the said Act. He referred to the allocation of Business Rules framed by the President which indicates that the proceedings under the said Act would fall within the purview of Department of Urban Development, Ministry of Urban Development and Poverty Alleviation. It was the submission of the learned counsel for the petitioner that the said Mr Nitin Wakankar ought to have been appointed by the Ministry of Urban Development and Poverty Alleviation, according to the allocation of Business Rules, being part of the Central Government and not by the President's Secretariat. Since, this has not been done, Mr Nitin Wakankar had no authority to be appointed as an Estate Officer and to continue as such and it is for this reason that this writ of quo- warranto has been filed by the petitioner.