STATE OF UTTARAKHAND Vs. PRESCRIBED AUTHORITY EVICTION

JUDGEMENT

(1.) CLMA No. 4673 of 2011 has been preferred by Mr. Anand Ballabh, contending thereof, that he may be permitted to intervene in the matter, because he happens to be the complainant based on which, the proceeding under the provisions of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was initiated. Since the complainant has got no role to play as such, as after the initiation of the proceedings under Sec. 4/5, the interest of litigation stood protected by the State the owner of public property and it is not a case where, in the absence of the complainant the writ petition itself cannot be effectively decided on merits. Thus, the Intervention Application (CLMA/4673/2011) is misconceived, the same, is accordingly rejected.

(2.) A proceeding under Sec. 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 stood instituted as against the occupant respondent No. 2 herein, who by the notices issued by the State on 10/7/2006, wherein, in the notice allegedly issued under Ss. 4, 5, 7, the proceedings were contemplated to be taken against the illegal occupant respondent No. 2, in relation to the land lying in khatauni khata No. 117/118, pamise khet No. 87/62M, having an area of 89 nali, 5 mutthi of land which was contended by the respondent, that the same was being unauthorizedly occupied by the applicant and consequently they have determined the compensation to be made payable for its unauthorized use @ Rs.4,000.00 per annum and has determined the same as to be Rs.1,40,000.00 which was directed to be made payable by the respondent in the treasury of the State.

(3.) The matter had proceeded on the basis of the challani report, which was submitted on 10/10/2006, whereby the respondent No. 2, was noticed to participate in the proceedings for eviction and accordingly, the Case No. 10 of 2006-2007 dtd. 27/10/2006 State Vs. Ganga Dutt, stood instituted before the learned Prescribed Authority.