HARISH CHANDER Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Whether the order of eviction passed by the Estate Officer, Union Territory, Chandigarh under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the Act') is illegal and whether the petitioner is entitled to allotment of government accommodation are the two issues which arise for adjudication in this petition.

(2.) Shri Jagdish Chander, father of the petitioner was allotted government House No. 1211, Section 23-B, Chandigarh. He retired on 31.12.1995 while holding the post of Superintendent in the Directorate of Public Relations, Haryana. During the currency of the employment of Shri Jagdish Chander, the petitioner was appointed as Proof Reader in the Directorate of Public Relations, Haryana. Till the retirement of Shri Jagdish Chander, the petitioner continued to reside with him in the government accommodation. In September, 1995, the petitioner applied for allotment of a house under the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1972. The petitioner says that instead of allotting a government house to him, the respondents initiated proceedings under the Act and the Estate Officer has passed the order Annexure P 4 directing the ejectment of his father.

(3.) By placing reliance on the orders passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in O.A. No. 843-Ch. of 1996 and O.A. No. 1242-Ch. of 1996, the petitioner has prayed for quashing of the order Annexure P4 and also for directing the respondents to allot a government house to him.