UNION OF INDIA Vs. SHRI F.B. SINGH

JUDGEMENT

(1.) Heard Mr Chodankar, the learned Central Government Standing Counsel for the Petitioner, and Mr Lotlikar, the learned Senior Advocate appearing with Ms. Volvoikar for the Respondent.

(2.) The challenge in this Petition is to the judgment and order dtd. 11/7/2008 passed in Regular Civil Appeal No. 32/2006, by which, the learned District Judge, acting as the Appellate Authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (said Act), has set aside the Estate Oicer's judgment and order dtd. 8/3/2006 in Case No. PP(E)/01/06, ordering the eviction of the Respondent on the ground that she was in unauthorized occupation of the public premises, which is Shop No. 14 in the Indian Navy Shopping Complex at Varunapuri, Mangor Hill, Vasco-da-Gama, Goa (public premises).

(3.) Mr. Chodankar submitted that there is no dispute about the premises being "public premises" under the provisions of the said Act. He submitted that the Appellate Authority, by the impugned order, has recorded a inding that the Respondent was indeed in "unauthorized occupation" of the public premises. his inding has not even been challenged by the Respondent. In these circumstances, Mr. Chodankar submitted that the order of eviction had to follow as a necessary sequitur. he impugned judgment and order, to that extent, takes a contrary view, vitiated by illegality and perversity, thereby warranting its interference by this Court.