UNION OF INDIA Vs. MUNICIPAL COUNCIL, MUKTSAR

JUDGEMENT

(1.) The Union of India and others have filed the instant Letters Patent Appeal against the order dated 29.2.2012, passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 14031 of 2007) filed by the appellants, challenging the eviction orders dated 5.9.2006 (Annexure P-1) and 17.5.2007 (Annexure P-2) passed by the prescribed authority and the Appellate Authority, respectively, under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as RS. the Act'), has been dismissed with costs quantified as RS. 50,000/- to be paid to respondent No.1-Municipal Council.

(2.) After hearing learned counsel for the appellants and going through the impugned order as well as the orders passed by the authorities under the Act and in the facts and circumstances of the case, we do not find any ground to interfere in the impugned order.

(3.) Undisputedly, in this case, the appellants had taken the premises in question on lease from the Municipal Committee, Muktsar (now Municipal Council, Muktsar) respondent No.1 in the year 1937, at the rate of RS. 25/- per month, for running the post office. The lease was extended from time to time, but after the year 1953, because of the dilapidated condition of the building, which could result in some human loss in case of its fall, the lease was not extended by the respondent Municipal Council. Thereafter, a notice to vacate the premises in question was given by the respondent Municipal Council, and ultimately, eviction proceedings under the provisions of the Act were initiated against the appellants, as their possession after the expiry of the lease period was totally unauthorised. The authorities under the Act passed the eviction order, which was challenged by the appellants in the writ petition, which has been dismissed by the learned Single Judge.