MAHESH JAIN Vs. DELHI CANTONMENT BOARD AND ANR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India was preferred impugning the judgment [dated 23rd December, 2017 in PPA No.3/2013 of the Court of District Judge (South-West) acting as Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)] of dismissal of the appeal preferred by the petitioner against the order dated 5th November, 2012 of the respondent no.2, being the Estate Officer of the respondent no.1, in exercise of powers under Section 5C(1) of the PP Act of sealing of the work of unauthorised construction in property no.3/4/35, Delhi Cantt.

(2.) This petition came up first before this Court on 1st June, 2018 when notice thereof was ordered to be issued, the record of the District Judge acting as Appellate Officer as well as record of the respondent no.2 Estate Officer was requisitioned and on statement of the counsel for the petitioner that the petitioner was willing to remove the unauthorised construction on account of which the property has been sealed, it was further directed that the petitioner may make a representation to the respondents and the respondents were directed to take a decision thereon within six weeks thereof.

(3.) On the next date i.e. 8th August, 2018, none appeared for the petitioner and the counsel for the respondents also was not able to inform the Court of the relevant facts and the hearing was adjourned to today with a direction that the concerned officer of the respondents, aware of all the facts and in a position to take a decision, to remain present in the Court.