REHAMTULLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Accommodation, to which he was not entitled after his office shifted to Noida.

(2.) The petitioner, while in service with the Ministry of Shipping, was allotted one Type II quarter on 31.03.1989 under the General Pool Accommodation in Delhi. The petitioner's office was shifted to Noida on 12.08.1999. On 15.09.1999, a notification was issued that the erstwhile staff of the shifted office was not entitled to General Pool Accommodation in Delhi and, therefore, the petitioner was no longer entitled to retain the aforesaid Type II accommodation allotted to him under the General Pool Accommodation in Delhi.

(3.) Despite the aforesaid being the position, the petitioner did not vacate the premises and hung on to the same. The proceedings under the Public Premises Act (Eviction of Unauthorised Occupants) Act, were, therefore, initiated against him and an eviction order was passed on 19.06.2001. The petitioner was, however, stubborn and assailed the said order before the learned District Judge, who dismissed his appeal on 01.09.2001. The petitioner still did not vacate the premises and preferred an original application before the Tribunal, which was dismissed as not maintainable. The petitioner then preferred W.P.(C)No.6228/2001 before this Court and obtained a restraint order against his dispossession from the quarter. Eventually, the writ petition was dismissed on 09.12.2010. He, however, continued to remain in the occupation of the quarter during this period, obviously entirely at his own peril.