BHAKRA BEAS MANAGEMENT BOARD Vs. ESTATE OFFICER

JUDGEMENT

(1.) THE petitioners have filed this petition with a prayer to quash the orders dated 22.5.2003 and 20.7.2004 by which their prayer seeking to evict the respondent No. 3 from the premises in question had been declined by the competent authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act').

(2.) THE case of the petitioners, in brief, is that some land was leased out to M/s Shivalik Talkies Pvt. Limited, Nangal Township-respondent No. 3 which was renewed lastly on 30.6.1988 for a period of 20 years commencing from 10.1.1975 to 9.1.1995. During the subsistence of this lease, the respondent No. 3 started raising constructions of boundary wall, shops, booths, etc. in an unauthorised manner. When this fact came to the notice of petitioners, notice dated 31.10.1988 was issued to respondent No. 3 to stop raising the illegal construction and to hand over the vacant possession of the premises to the petitioners. On 24.11.1988 another notice was issued to respondent No. 3 to remove the encroachments and to demolish the unauthorised constructions. Since nothing was done, the petitioners thereafter put an end to the lease agreement and cancelled the same vide orders dated 28.11.1998. Thereafter, the proceedings against the respondent No. 3 were initiated under the provisions of the Act.

(3.) APPEAL against the said order was also dismissed by the Addl. District Judge, Rup Nagar on 20.7.2004 and the directions which were given by the Estate Officer in his order dated 22.5.2003 were upheld. The case of the petitioners is that once the Estate Officer had come to the conclusion that the respondent No. 3 had unauthorisedly raised the constructions and he was in illegal occupation of the land in question, he ought to have ordered the eviction but instead he went on to direct the petitioners to regularise the lease and to execute fresh lease agreement with the respondent No. 3. The Estate Officer had no authority under the law to give such directions.