JAYANAND PRASAD TYAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER was working as Regular Work Supervisor with the Irrigation Department; Quarter No. B -244, Lakhwad Colony was allotted to the petitioner when he was in service; petitioner stood retired on attaining the age of supernnuation on 31.07.2008; vide letter / notice dated 20.03.2009, annexure No.1, petitioner was directed to pay penal rent @ Rs.3,217/ - p.m.; feeling aggrieved, petitioner has preferred present writ petition.

(2.) SECTION 7 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 and Rule 8 of U.P. Public Premises (Eviction of Unauthorised Occupants) Rules, 1973 read as under : -

(3.) AS per sub -section (2) of Section 7 of Act of 1972, if any person is in unauthorized occupation of any public premises, the Prescribed Authority may assess the amount of damages on account of use and occupation of such premises and shall direct the person in unauthorized occupation to pay the damages as assessed by the Prescribed Authority. Assessment of the damages has to be made as per the procedure prescribed under Rule 8 of Act of 1972.