NIRMAL SINGH RANA Vs. ESTATE OFFICER & ANR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns the order [dated 6th August, 2018 in PPA No.31/2018 (CNR No.DLND01- 007783-2018) of the Court of the Additional District Judge-02, New Delhi acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)] of dismissal of appeal preferred by the petitioner against the order dated 10th July, 2018 of the respondent no.1 Estate Officer, of eviction under Section 5 of the PP Act, of the petitioner by removal of kiosk installed by the petitioner in a space measuring 1.0 sq. mtr. in the courtyard of the Out Patient Department (OPD) Hall of Dr. Ram Manohar Lohia Hospital (Hospital), New Delhi.

(2.) This petition came up first before this Court on 24th August, 2018 and thereafter taken up on 5th September, 2018 when the counsel for the respondent drew attention to the monetary demand dated 10th May, 2018 made by the Deputy Director (Administration) of the Hospital on the petitioner for a sum of Rs. 3,32,500/- for the period from 1st March, 2005 till 31st May, 2018. It was thus enquired from the counsel for the petitioner, whether the petitioner had paid the said amount. The counsel for the petitioner stated that though the petitioner had filed receipts of payment made from time to time but he could not tell how much was the total payment and whether payment for the period after 31st May, 2018 had been made. It was however undertaken that if the amount for which receipts are available with the petitioner is less than the amount of Rs. 3,32,500/- and/or all the receipts for payment till September, 2018 are not available, the balance payment will be deposited with the Accounts Department of the Hospital by the next date. Accordingly, the hearing was adjourned to today.

(3.) Today, the counsel for the petitioner states that the receipts in possession of the petitioner are for a sum of Rs. 3,35,000/- and the remaining amount due of Rs. 62,500/- has been deposited by the petitioner yesterday vide Demand Draft undercover of letter dated 6th September, 2018, copy of which is handed over in the Court and is taken on record.