HARBANS LAL SHARMA Vs. U T ADMINISTRATION CHANDIGARH

JUDGEMENT

(1.) The petitioner came into occupation of a Government accommodation allotted to him in Chandigarh from the common pool by an order of the House Allotment Committee issued in August 2005. The petitioner retired from Government service on attaining the age of superannuation on 31.07.2012. The rules permitted the petitioner to retain a Government house for a period of four months from 01.08.2012 to 30.11.2012. The petitioner overstayed in Government accommodation thereafter. He is paying 50 times of the normal licence fee for retention of the property.

(2.) The Government issued notice under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short "the Act") for eviction and repossession which was pasted by the process server on the property. The notice was issued on 24.01.2013. The Estate Officercum-SDM Central passed the eviction order on 22.03.2013.

(3.) Aggrieved by the order of eviction, the petitioner filed a review application on 10.04.2013 before the Estate Officer on the ground that he had no notice of the proceedings and the order was passed in his absence. No decision was taken on his review application. His appeal under Section 9 of the Act was dismissed by the Additional District Judge, Chandigarh on 30.04.2013. This petition has been filed calling in question the orders passed under the Public Premises Act.