JAG PAL Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. The petitioners have claimed that they are living in different quarter in new Idgah Colony, Kanpur, meant for weaker section of the society specially industrial workers. The rent was at Rs. 10 per month. By a Circular dated 16-6-1993, which is Annexure-1 to the writ petition, the rate of rent was fixed at Rs. 10 for those who are in the basic Pay-scale upto Rs. 350 and Rs. 12 for those who are above Rs. 350 but below Rs. 500 and Rs. 17. 50 for those who are in the Basic Pay-scale of Rs. 500 and above. The said facility was also extended to other employees of the Government aided schools, colleges and Universi ties etc. , by letter dated 30-5-1974, which is Annexure-2 to the writ petition. By letter dated 15- 4-1978, which is Annexure-3 to the writ petition, the Government had directed the Labour Commissioner for realising arrears from the occupants in reasonable instalments.

(2.) BY an order dated 29-9-1990 the Labour Commissioner was asked to realise the rent at the enhanced rate from such occupants who were not regular allotees. The said letter is dated 29-11-1990, which is Annexure-4 to the writ petition. In the said letter rent for one room was to be charged at the rate of Rs. 125 per month while for two rooms the rate was Rs; 235 per month. It is this order, the petitioners have challenged on the ground that the petitioners being workers hailing from the weaker category, they are being discriminated upon with those who are regular allottees, though belonged to the same class. Further question that was raised is that the accommodation having been provided to the weaker sections of the society out of the welfare scheme, cannot be utilised for commercial purposes and rent cannot be charged at such higher rate of rent. The enhancement of rent at the rate mentioned in Annexure-4 to the writ petition, is arbitrary and oppressive and violative of natural justice. It has been claimed that the petitioners are admittedly in occupation for a long time. Therefore, they should be treated as deemed tenant. There fore, their occupation is regular and, therefore, the said order as contained in Annexure-4 to the writ petition, cannot be applied in their case.

(3.) ADMITTEDLY, the petitioners not. being allottees their occupation cannot be said to be authorised. Therefore, the petitioners are liable to be evicted under Public Premises (Eviction of Unauthorised Occupants) Act. Instead of resorting to the process of eviction the Government has sought to charge rent at the rate prescribed. This fact is also required to be noted.