ONKAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri Ramendra Asthana, learned Counsel for the petitioner and Sri Govind Saran appearing for the respondents.

(2.) BY this writ petition the petitioner has prayed for quashing the order dated 24th April 2006 passed by Estate Officer of Northern Eastern Railway. It has further been prayed that the petition dated 21-9-1995 filed by the respondents under Section 4/7 of Public Premises (Eviction of Unauthorized Occupants for short '1971, Act') Act 1971 (hereinafter referred to as the 'act') be quashed. Petitioner claims to be licensee of a piece of land from the Railway Authority. In this case he has been paying the rent to the respondents regularly. The respondents filed an application under Section 4/7 1971 Act for eviction of the petitioner and for realization of damages. The case of the respondents in the application is that the respondents are the owner of land and the petitioner has unauthorizingly occupied the said land, which needs to be vacated. While the proceedings before the Estate Officer were going on, by an application the jurisdiction of the Estate officer was questioned by the petitioner. The case of the respondents before the Estate Officer was that there is no agreement in existence between the parties; hence the petitioner is an unauthorized occupant within the meaning of Section 2 (g) of 1971, Act. The Estate Officer held that since the matter relates to unauthorized occupation of the public premises the Court has jurisdiction.

(3.) SRI Ramendra Asthana, learned Counsel for the petitioner has also placed reliance on a judgment of Apex Court reported in 2000 (8) SCC 151, Datar Switchgears Ltd. v. Tata Financial Ltd. & Anr. .