RADHA SOAMI SATSANG BEAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the notice dated 12th March, 2013 issued by the Estate Officer, Agra under Section 5-A(2) of the Public Premises Eviction of Unauthorized Occupants Act, 1971(hereinafter referred to as the Act of 1971).

(2.) A perusal of the said notice indicates that the land belongs to the Government of India and is in the cantonment area and that the occupancy rights were only given under the old grants for residential purposes. It was alleged in the notice that the bungalow was transferred without seeking prior permission from the Competent Authority under the Governor General Regulations No.179 and, that as per the site inspection, the petitioner has raised a brick wall surrounding the bungalow without prior permission, on the night of 9th and 10th March, 2013. The Estate Officer, accordingly, issued a show cause notice to the petitioner to remove the structure or show cause as to why the structure should not be removed by the authorities at the expense of the petitioner.

(3.) Heard Sri Navin Sinha, the learned Senior Counsel assisted by Sri Sudeep Harkauli and Sri A.D. Srivastava, the learned counsel for the petitioner and Sri S.K. Rai, the learned counsel for the respondents.