ASHWINI Vs. ESTATE OFFICER, MHOW CIRCLE

JUDGEMENT

(1.) By this petition the petitioner has challenged the order dated 31/1/2005 passed by the Estate Officer under Section 5-B(1) of Public Premises (Eviction of Unauthorized occupants) Act, 1971 (for short Act 1971), requiring the petitioner to remove /demolish the unauthorized construction as also the appellate order dated 27/1/2006 by which the order of Estate Officer has been confirmed.

(2.) In brief the case of petitioner is that Bunglow No. 70 situated in mall Road Mhow was under the old grant a Class B-3 land managed by Defence Estate Officer and was given under occupancy right to one Jabarchand Moolchand about 100 years back. After the death of original owner, Kesharimal Shah had succeeded him and he had adopted Prakashchandra Shah. The notice dated 2/12/1986 was given by Government of India for resumption of old grant and Prakashchandra Shah had filed the suit for declaration and injunction against Union of India and others being COS No. 369-A/91 (New no. 2-A/2003).

(3.) A reply has been filed by respondent taking the stand that since the petitioner has raised unauthorized construction, therefore, the respondents have rightly passed the order under the Act 1971 requiring the petitioner to demolish it and that no permission was granted for carrying out the repair by Cantonment Board. A further plea has been raised that the petitioner has purchased the disputed land with open eyes and the civil suit is pending.