SHYAM BABU Vs. XIITH ADDL DIST JUDGE ALLAHABAD

JUDGEMENT

(1.) In these three petitions the sole controversy is common. They are, therefore, being disposed of by a common judgment.

(2.) Long back the Estate Officer, in the purported exercise of powers under S.5 of the Public Premises (Eviction of Unauthorised Occupation) Act, 1971 (hereinafter referred to as the Act) passed separate orders of eviction of the petitioners from the public premises of which they were found to be in unauthorised occupation. These orders became final. For the purposes of evicting the petitioners from, and taking possession of, the public premises under the occupation of the petitioners the Estate Officer duly authorised one Sri Om Prakash, the Building Officer of the Cantonment Board, Allahabad. This authorisation was challenged by the petitioners by separate appeals. These appeals have been dismissed by the XIIth Additional District Judge by Separate but similar orders. The learned Judge has taken the view that the appeals are not competent under S.9 of the Act. The legality of this view is being impugned in these petitions.

(3.) Section 3 empowers the Central Government to appoint Estate Officers for the purposes of the Act. Section 4 provides that if the Estate Officer is of the opinion that any persons are in unauthorised occupation of a public premises and that they should be evicted, the Estate Officer shall issue a notice in writing calling upon all persons concerned as to why an order of eviction should not be made. The specification of the grounds, the period within which cause should be shown and the manner of serving the notice are laid down in the said provision. Sub-section (1) of Section 5 empowers the Estate Officer to pass an order of eviction. Sub-section (2) thereof enables the Estate Officer or any other Officer duly authorised by him in this behalf, to evict the person against whom an order under sub-section (1) has been passed. Section 5-B talks of an order of demolition of unauthorised constructions. Section 5-C empowers the Estate Officer to seal unauthorised constructions. Section 7 authorises the Estate Officer to pass an order directing any person, who is in arrears of rent payable in respect of any public premises to pay the same within a specified time. It also authorises the Estate Officer to assess the damages payable by any person, who is or who has been in authorised occupation of any public premises. Section 9 makes every order of the Estate Officer made in respect of any public premises under S.5 or S.5-B or S.5-C or S.7 appealable.