LAXMAN PRASAD RAJAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition u/Art. 226 of the Constitution has been filed assailing the order dtd. 6/6/2019 (Annexure-P/7) passed by the Defence Estates Officer (Respondent No.2) exercising powers u/S. 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for brevity "Act of 1971").

(2.) Learned counsel for rival parties are heard on the question of admission so also final disposal.

(3.) Learned counsel for petitioner primarily submits that the land on which the construction in question is standing was leased out to petitioner by respondent No.3/Society. Petitioner has denied that any unauthorized construction was raised by him at any point of time. It is alleged that instead of invoking the power u/S. 5 of the Act of 1971, the Defence Estates Officer has intentionally with mala fide intention invoked Sec. 5A. It is submitted that reasonable opportunity of being heard is also denied during inquiry conducted by the Defence Estates Officer u/S. 5A. Petitioner has also relied upon the decision of Single Bench rendered in Mrs. Brena Fernandez and another u. Union of India and others (W.P. No.2311/2004) decided on 20/8/2013 wherein, Single Bench of this Court interfered with an order passed u/S. 5A on the ground of violation of principles of natural justice.