UNION OF INDIA Vs. GRAPHITE COAL CO

JUDGEMENT

(1.) These three writ petitions are being disposed of by a common judgment as legal issue involved in all of them is the same, that is, maintainability of a eviction petition filed under the provisions of Public Premises Act qua those occupants who are in occupation of premises prior to 16.09.1958 i.e. prior to the Public Premises Act becoming applicable.

(2.) All these writ petitions have been filed by Union of India against the judgments passed by Appellate Authority in appeals under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, vide which, Appellate Court has dismissed the appeals filed by the present petitioners against the judgments/orders of Estate Officer, who had closed the proceedings initiated under Section 4 of the said Act, for eviction on the basis of statement as was made before it by the present petitioners.

(3.) In CWP No. 169 of 2003 titled Union of India Vs. M/S Krishna Coal Company, in an application filed under Sections 4 and 7 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, on behalf of Union of India, for eviction and recovery of damages on account of unauthorized use and occupation of Railway land situated in Shimla, Estate Officer, Northern Railway, Ambala Cantt., in Case No. 31-W/PPEA/UMB, directed the respondent therein i.e. M/S Krishna Coal Company, to pay Rs.35678.50 as arrears of licence fee including 10% as token damages for the period from 01/03/1986 to 31/12/1991 and thereafter pay Rs.5563.49 per annum as licence fee and it also directed the respondent to execute a fresh agreement to this effect which was to be renewed every three years.