RAM GOPAL GUPTA Vs. ASSISTANT HOUSING COMMISSIONER

JUDGEMENT

(1.) BY this petition under Article 220 of the Constitution the petitioner has challenged certain proceedings under the Uttar Pradesh Industrial Housing Act, 1955 (U. P. Act No. 23 of 1955, here-after referred to as the Act or the U. P. Act). The petitioner is an employee in the Central Ordnance Department, Kanpur and is an industrial worker. He was allotted one house in the Industrial Colony, Babspurwa, Kanpur on a monthly rent of Rs. 10. He received from the Housing Commissioner a notice demanding excess water charge. The petitioner made a representation that he was not liable to pay excess water charges. The representation was rejected. On 23-8-1960 the Assistant Housing Commissioner issued a notice to the petitioner demanding Es. 30 on account of rent and Rs. 12.66 towards excess water charges. The same day the Assistant Housing Commissioner issued another notice to the petitioner cancelling the allotment in his favour, and ordering him to vacate his house within one month of service of the notice. On 10-10-1960 the Assistant Housing Commissioner issued another order authorising the use of force for the petitioner's eviction. This writ petition is directed against these three orders of the Assistant Housing Commissioner, U, P. Annexures G, H and I to the petition are copies of the three impugned orders.

(2.) THE petitioner has raised two broad points. Firstly it is contended that he is not liable to pay excess water charges. Secondly, he is not liable to be evicted in a summary manner. These two points may be discussed separately.

(3.) SECTION 4 of the Act provides for the appointment of a Housing Commissioner by the State Government. Assistant Housing Commissioners are appointed under Section 5 of the Act. Section 7 enumerates duties of the Housing Commissioner. Section 12 mentions conditions of occupation. Sub- section (2) of Section 12 states: "Notwithstanding anything contained in any law for the time being in force, the Housing Commissioner may, after notice to the occupier and considering his explanation, if any, for reasons to be recorded, cancel any allotment under which a house is held or occupied by any person. A copy of the order cancelling the allotment shaft be served upon such person". Section 14 provides for execution of an agreement by every occupier. Section 15 deals with rates of rent and dates of payment. Section 21 provides for eviction from premises. Section 22 provides for appeals to the State Government from orders of the Housing Commissioner under Sections 12 and 21. Under Section 28 the State Government has been authorised to make rules. By virtue of that authority, the State Government has framed Uttar Pradesh Industrial Housing Rules, 1959. Form C given in the rules prescribes the allotment agreement form.