UNION OF INIDA Vs. KRISHNA COAL CO.

JUDGEMENT

(1.) A challenge has been made by the petitioner to the judgment dated 6.9.2002 passed by Additional district Judge, Shimla in CMA No. 22- S/14/1995. The brief facts necessary for the adjudication of this petition are that the respondent-company was issued a licence for the purpose of stacking coal etc. which was carried from Kalka to Shimla by rail. The licence issued in favour of the respondent was revoked vide letter No.1146-C4/CP/SML/230/Pt-III dated February, 1986. The petitioner had filed an application before the Estate Officer, Northern Railway, Ambala Cantonment seeking eviction of the respondent as well as for the payment of damages. The Estate Officer vide order dated 17th March, 1992 had closed the proceedings under section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act for brevity sake) on the basis of the statement of Sh. Yoginder Lal Sood. The Estate Officer had further directed the respondent to pay a sum of Rs. 19,200/- to the petitioner towards damages. The petitioner was directed by the Estate Officer to execute a fresh agreement which was to be renewed after every three years.

(2.) FEELING aggrieved by the order dated 17th March, 1992, the petitioner had filed appeal before the Additional District Judge, Shimla. The appeal was barred by limitation and application under section 5 of the Limitation Act was dismissed by the learned Additional District Judge, Shimla. The petitioner had filed CMPM(O) No. 21 of 2000 assailing the order of the learned Additional District Judge. The CMPM(O) No. 21 of 2000 was disposed of by this Court on 27/28 November, 2001. The appellate authority was directed to decide the appeal within six months. The Additional District Judge had dismissed the appeal preferred by the petitioner under section 9 of the Act on 6th September, 2002.

(3.) MR . K.D. Sood, Advocate had supported the order passed by the Estate Officer dated 17th March, 1992 and the judgment dated 6th September, 2002 passed by Additional District Judge, Shimla. I have heard the learned counsel for the parties and perused the record.