ANIL MAHAJAN Vs. ESTATE OFFICER AND 2 OTHERS

JUDGEMENT

(1.) Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appearing for the appellant and Sri R.B. Singhal, learned Senior Counsel assisted by Sri Satish Kumar Rai, learned counsel appearing for the respondents.

(2.) This special appeal has been filed questioning the legality of the order dated 22.8.2013 passed by the learned Single Judge in Writ Petition No. 39732 of 1996. The writ application and this special appeal arise out of a proceeding under provisions of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'Act 40 of 1971').

(3.) The disputed premises is a part of Bungalow No. 49, Taj Road, Agra. The appellant who was the petitioner in the writ petition is a tenant and Sri N.K. Patni is the landlord. Notice was issued to both of them under Section 5-A of Act 40 of 1971 for removal of construction made on a portion of land of the said bungalow on the allegation that the petitioner-appellant had raised the above unauthorised construction without obtaining sanction of Union of India. Notice was issued by the Estate Officer on 10.10.1994 under Section 5-B of Act 40 of 1971 to both, the petitioner-appellant as well as the landlord N.K. Patni inviting objection. It appears that the petitioner-appellant had constructed a hall-cum-shop measuring 41 X 31 ft. covering an area of 1271 sq. ft.