TEK CHAND Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Present petition is filed challenging the order dated 3.1.2009 passed by learned District Judge, Ambala as well as judgment dated 14.5.2007 passed by Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 thereby directing the petitioner herein to pay Rs. 5,04,211/- towards the fee/damages for the period 1.1.1996 to 30.8.2007 at the rate of Rs. 650/- per sq. yard.

(2.) The brief facts of the present case are that the petitioner herein was granted license to use the property in question and license was valid upto 31.12.1995. License was never renewed after 31.12.1995 nor petitioner-licensee paid any license fee after 1.1.1996. Respondents herein moved an application to the Estate Officer under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to assess the damages/license fee and to direct the occupant to pay the arrears of license fee/damages w.e.f. 1.1.1996 and in the event of failure of the occupant to pay damages, eviction order may also be passed.

(3.) Both the Courts below vide impugned judgment have fixed license fee/damages on the basis of chart submitted before the Estate Officer.