RAMESH CHANDRA GARG Vs. ESTATE OFFICER AND ANOTHER

JUDGEMENT

(1.) Heard Sri M.N. Singh, learned counsel appearing for the petitioner and Sri Vivek Ratan Agrawal, learned counsel appearing for the respondents.

(2.) Petitioner by the instant petition is assailing the order dated 31 March 2018 passed by the District Judge, Sonbhadra in Misc. Civil Appeal No. 26 of 2013 arising from order dated 28 December 2012 passed by the Estate Officer in Estate Case No. 26 of 2002 (N.T.P.C. vs. Ramesh Chandra Garg), whereby, petitioner has been directed to remove encroachment from the public premises in proceedings under Section 5-A of Public Premises Act, 1971 (Act, 1971).

(3.) It is urged that 71-6-0 Bigha of land of plot no. 1299 measuring 87-4-0 Bigha vesting in the Gaon Sabha was resumed by the State Government in exercise of power conferred under Sub-section (6) of Section 117 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (UPZA & LR Act), for establishment of Rihand Power Project by N.T.P.C. a public sector unit of the Government of India. The land was resumed in 1983, transferred to the N.T.P.C. and duly mutated/entered in the revenue record. N.T.P.C. approached the Estate Officer by filing a petition under the Act, 1971, contending that the land occupied by the petitioner is 'public premises' within the meaning of Section 2(e) of Act, 1971 which belongs to N.T.P.C. Consequently, proceedings were undertaken under Section 5-A before the Estate Officer against the petitioner for removing the unauthorized encroachment.