NARESH CHHABRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is instituted against the judgment dated 26.11.2015 rendered by the District Judge, Shimla in Civil Appeal No. 13-S/14 of 2015.

(2.) "Key facts" necessary for the adjudication of this petition are that Assistant Engineer-1, CPWD, SCSD- 1, CPWD, Shimla instituted a petition against the petitioner under section 5 (1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The main ground taken in the petition was that the petitioner has encroached upon the CPWD land comprised in Khasra No. 1265 and 1266 total area measuring 55.82 square meters situated at Silwan Hall, Longwood, Shimla as per Jamabandi for the year 2008-2009 in the Court of Estate Officer, C.P.W.D., Shimla (Exercising the powers of Estate Officer under the Public Premises (Eviction of Unauthorized Occupation Act, 1971) vide case No. GC/2011/SCD- 1/1752. Notice was issued to the petitioner to show cause why eviction order be not passed for unauthorized occupation of the land in dispute. According to the petitioner, notice issued to him was not in accordance with law. He was in possession of Khasra Nos. 1265 and 1266 for a very long period. He has become owner of the same by way of adverse possession. He has obtained electricity, water and sanitary connections. Rejoinder was filed by the respondent. The Estate Officer, CPWD, Shimla has passed the eviction order on 8.4.2015. Petitioner feeling aggrieved by the order dated 8.4.2015 preferred an appeal before the District Judge, Shimla. It was dismissed by him on 26.11.2015. Notice has been issued to the petitioner to vacate the premises within a period of ten days vide notice dated 2.1.2016. Hence, the present petition.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.