45 BRTF Vs. PADMAWATI ARTS CREATION PVT. LTD.

JUDGEMENT

(1.) By the instant writ petition, under Article 226 and 227 of the Constitution of India, petitioners have craved for issuance of a writ in the nature of certiorari with following order and directions:

(2.) The facts apposite for the purpose of this writ petition are that petitioner Nos. 1, 45 Border Road Task Force (BRTF), is a unit under the Ministry of Defence, deployed in Jodhpur and entrusted with the principal task of looking after construction and maintenance of border roads in the State of Rajasthan. As per petitioners, the organization is taking care of roads connecting borders of India and keep them operational and trafficable at all the times for strengthening defence of the Nation. It is averred that the organization is also involved in upkeep of roads in sensitive and important locations of western border of the Country. Adverting to the lis involved in the matter, it is averred in the writ petition that respondents are owners of huge chunk of land measuring 46981.69 sq.mtrs in the area popularly known as Jalam Vilas, near Paota, Jodhpur. It is further averred that the said area was leased on rent to the petitioner-organization in the year 1976 and since then it is housing various administrative offices of the organization and residential houses of employees of the organization including HQ 45 BRTF Commander's office, supply office, workshop, administrative department as well as accounts and other departments. Besides that, the leased area is also utilized as Single Living Quarters for approximately 150 employees. The petitioners have also highlighted the importance of the organization on the strength of functions and duties undertaken by it. It is also pleaded in the petition that in order to seek eviction from the rented area, respondents moved an application bearing No. 95/2006 under Sec. 3(IV) and Sec. 18 of the Rajasthan Rent Control Act, 2001 (for short, 'Act of 2001').

(3.) The petition for eviction came up for consideration before Rent Tribunal, Jodhpur (for short, 'Tribunal') and vide its judgment dated 22nd of March, 2010, the same was allowed with a direction to the petitioner-organization to vacate the premises and handover peaceful possession within six months from the date of passing of the order. A direction is further issued by the learned Tribunal to pay rent/mesne profits @ Rs.5,009.00 per mensem if the premises are vacated within three months from the date of order, else the respondents would be entitled to receive rent/mesne profits three times of the monthly rent of Rs.5,009..00