NARESH BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The learned counsel for the respondent Board submits that a response to the final report dated 8.4.2019, submitted by the Fact Finding Committee constituted by this Court, has been submitted however they have yet to submit a response to the enquiry report of the President of the Cantonment Board, which was served upon them on 18.4.2019 and, therefore, he may be granted some time to go through the same and submit his response.

(2.) The learned counsel for the petitioners submit that the land in question is undisputedly B-2 land which vests in the State and as per the reports submitted and filed before this Court the land, is part of the State Road and falls within the proposed width of the road. It has also been pointed out that the place where the Gumtees have been constructed is not a public market or a notified market area on which construction of Gumtees could have been undertaken and that the entire exercise was undertaken without obtaining the necessary 'No Objection Certificate' from the competent authorities, namely; the State Government and others. It is also pointed out that the construction of the Gumtees was made through the funds available under the Head of repairs which is not permissible. The report filed before this Court indicates that the entire exercise of construction of Gumtees and their auction was and is contrary to law.

(3.) The learned Senior Counsel appearing for the respondent Board submits that the Board has also issued notices of cancellation of allotment of Gumtees to 39 out of the total 45 persons on account of violation of the terms on which the allotment was made namely; joining of Gumtees to form a restaurant, by transferring ownership and possession and non-payment of rent and that orders of cancellation of allotment of Gumtees in respect of 39 persons have already been issued. It is stated that notices to these allottees for eviction under the provisions of the Public Premises Eviction Act have also been issued which are due to come up before the Estate Officer on 24.4.2019.