HARI KISHEN DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution filed by Hart Kishan Dass and Smt. Shila Devi challenging notices issued under Sections 4(1) and 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act (Central Act No. 32 of 1958).

(2.) The first of these notices was issued on the 26th of November, 1959, by the Military Estates Officer, Delhi Circle, to Messrs Mussadi Lal Hari Kisan Dass, Mussadi Lal Garden, Ambala Cantonment, stating that he was of the opinion that they were in unauthorised occupation of 119 square feet of public land on which they had encroached, and calling on them to show cause on or before the 10th of December, 1959, why they should not be evicted.

(3.) It appears that no steps were taken by anybody to show cause in response to this notice and the Military Estates Officers issued the second notice under Section 5(1) of the Act on the 18th of May 1960 ordering Messrs Mussadi Lal Hari Kishen Dass and all persons who might be in occupation of the encroached land to vacate it within forty-five days, failing which they will be liable to be evicted, by force if necessary. The present petition challenging the validity of these notices was filed on the 27th of June, 1960.