KANPUR DEVELOPMENT AUTHORITY Vs. BANWARI LAL

JUDGEMENT

(1.) The orders dated 25.7.1979 passed by the prescribed authority in a proceeding under U. P. Public Premises [Eviction of Unauthorised Occupants) Act, 1972, and the order dated 6.4.1981 passed by the learned District Judge in the appeal thereout being Misc. Appeal No. 298 of 1979, is being challenged by means of this writ petition. From the office note dated 7.2.1998. It appears that respondent No. 1 Sri Banwarilal had accepted notice. No one appears to oppose the said writ petition.

(2.) Sri Lalji Slnha. learned counsel for the petitioner has led me through both the orders while translating the order of the prescribed authority. It appears from the order passed by the appellate authority that it had proceeded on the presumption that it was for the authority concerned to discharge the burden of proof. The entire order proceeded on the premise that the respondents had claimed that they were not occupying plot Nos. 539 and 543, it was for the petitioner to establish that the respondents were occupying the said plots.

(3.) But the fact remains that U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 is a special Statute which prescribes different procedure and carves out an exception from the normal procedure prescribing a summary procedure, which does not elaborate the procedural aspects and is a departure from the normal procedure.