JASWANT SINGH Vs. UOI

JUDGEMENT

(1.) THE present writ petition is filed by the petitioner praying inter alia for directions to the respondent No. 2 to withdraw the notice dated 26. 08. 2003 issued by the respondent No. 2, under Section 5 (1) of the Public premises (Eviction of Unauthorised Occupants) Act, 1971, (hereinafter referred to as 'the Act'), calling upon the petitioner and all other persons in occupation of the premises bearing No. 1438, Lodhi Road Complex, New delhi, to vacate the same within 15 days.

(2.) BRIEF facts of the case are that in the year 1983, the petitioner joined the Directorate of Horticulture, CPWD as a Section Officer. The respondent No. 1 allotted him a Type-II quarter, referred to hereinabove, on a monthly licence fee of Rs. 122/ -. On 07. 06. 1997, the petitioner was relieved from his posting at Delhi and transferred to the Horticulture department at Mumbai. When posted in Mumbai, the petitioner did not avail of any house rent allowance and the family of the petitioner continued to stay in the staff quarter in Delhi. On 15. 07. 2000, the petitioner was relieved from his posting in Mumbai and transferred back to Delhi. Thereafter, the petitioner was issued a notice to show cause dated 28. 01. 2003, under section 4 (1) and Section 4 (2) (b), calling upon him to explain as to why he should not be evicted from the premises, having continued to occupy the same after the allotment stood cancelled w. e. f. 19. 06. 1997.

(3.) THE petitioner submitted a representation dated 17. 04. 2003 to the respondent requesting the respondent to regularize the cancelled government accommodation in his favour. In the said representation, the petitioner also mentioned cases of other similarly situated officers, whose cases were considered favourably by the respondent. However, the respondent refused to regularize the staff quarter in favour of the petitioner and instead, issued the impugned notice dated 26. 08. 2003, thus compelling the petitioner to file the present writ petition seeking directions to the respondent No. 2 to recall the aforesaid notice.