SHAMBHU DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 1-12-2011 passed by the Estate Officer in purported exercise of power under Section 5(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 'Act') on the grounds that the said order has been passed without giving any opportunity of hearing and is wholly illegal and violative of mandatory provisions of law and the principle of natural justice.

(2.) It has been stated that the land, as described in the notice, was purchased by one Abdul Jalil from Maina Sahun by virtue of registered sale deed dated 20-11-1954. The said Abdul Jalil sold the land to Gokul Dutta, Haradhan Dutta, Sudhakar Dutta and Parmeshwer Dutta by registered sale deed dated 20-3-1956. Since then, the petitioner has been residing in the house constructed over a portion of the said land, with his family members and cultivating the remaining portion of land. Agriculture source is only their livelihood. Suddenly, a notice issued under purported provision of Section 4(1) of the said Act dated 1-12-2011 and order dated 1-12-2011 were served on the petitioner. Simultaneously another notice under Section 5(1) of the Act was also issued directing the petitioner to vacate the premises.

(3.) It has been submitted that if any person is said to be in an unauthorized occupation of any public premises and if the Estate Officer is of opinion that the person should be evicted, the Estate Officer has to issue notice to the concerned person under Section 4 of the Act specifying the grounds on which the order of eviction is proposed to be made. According to Section 4 of the Act, the person must be given show-cause notice giving at least seven days time from the date of issue of notice. Section 5 provides that if the Estate Officer is satisfied thereafter that the public premises are in authorized occupation, the estate officer may make an order of eviction by a reasoned order.