LAWS(MEGH)-2019-7-16

OM PRAKASH GEONKA Vs. UNION OF INDIA

Decided On July 19, 2019
Om Prakash Geonka Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. L. Khyriem, learned counsel for the petitioner who submits that the instant writ petition has been filed assailing the demand letters No. DEO/GAU/LANDS/S-22/35 dated 07.06.2018, No. DEO/GAU/LANDS/S-22/88 dated 30.01.2019 and No. DEO/GAU/LANDS/2-22/102 dated 07.05.2019 for deposit of lease rent which were served on the petitioner, and also the subsequent proceedings which have been initiated under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

(2.) The learned counsel submits that the demand letters for lease rent at the rate as quoted therein is exorbitant and unrealistic and are unwarranted in view of the fact that the lease rent as per the Standard Table of Rent is yet to determined. He submits that this fact has been substantiated by letter dated 17th April, 2019 issued by the Deputy Commissioner (Rev) East Khasi Hills District, Shillong which has conveyed that the demand for rent has been made as per an incorrect evaluation which had earlier been supplied by the State Revenue authorities vide letter dated 3rd May, 2018 (Annexure-8). The learned counsel submits the entire process of demand and the consequent proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is unwarranted at this stage, as they are on basis of an incorrect valuation of the lease rent payable. As such, he prays that the said proceedings and impugned demand notices are liable be interfered with by this Court in exercise of powers under Article 226 of the Constitution of India.

(3.) Heard Mr. K. Paul, learned CGC on behalf of the respondents No. 1 and 5 and Mr. N.D. Chullai, learned AAG assisted by Ms. Z.E. Nongkynrih, GA, on behalf of the respondents No. 2 and 3.