UNION OF INIDA Vs. GRAPHITE COAL COMPANY

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. 24-S/14 of 1995.

(2.) 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 The licence issued in favour of the respondent was revoked vide letter No.1146-C4/CP/SML/230/Pt-III dated February, 1986.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. Sukhdev. The Estate Officer had further directed the respondent to pay a sum of Rs. 34,533.27 paisa 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.

(3.) MR . J.L. Kashyal, Advocate had strenuously argued that the order passed by the Estate Officer dated 17th March, 1992 and the judgment dated 6th September, 2002 are not sustainable in the eyes of law. He had further argued that the present case is squarely covered by the observations made by this Court in judgment Union of India v. Lachhman Dass Sain Ditta Mall reported in AIR 2002 HP 50 and judgment rendered by a Division Bench of this Court in CWP No.310 of 2003 decided on 26th December, 2005.