SUDARSHAN ANAND Vs. BOKARO STEEL PLANT

JUDGEMENT

(1.) The Steel Authority of India Limited Bokaro Steel Plant as well as M/s. Hindustan Steel Construction Limited, Bokaro Steel City (for short HSCL) together filed Case No. A/E 80/97 before the Estate Officer, Bokaro Steel City, the authority under Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter to be referred to as "the Act") for eviction of Sudarshan Anand, the appellant, from the quarters, which was under his occupation after the death of D. K. Roy an employee of H.S.C.L. who died in harness and thereafter his name was struck off from the rolls on 2-11-1995.

(2.) The appellant claims himself to be the nephew/legal heir of deceased D. K. Roy and is continuing in occupation of the said quarter, which he ought to have vacated within four months of the death of the deceased employee. Possession of the appellant from 29-3-1996 was unauthorized and he was liable for eviction under the 1971 Act. Against judgment/order of Single Judge of this Court in W.P. (C) No. 4399 of 2002, D/- 4-9-2002.

(3.) He contested the case filed under Section 3 of the Act inter-alia on the ground that the quarter in question was constructed by H.S.C.L. and it never belonged to SAIL, Bokaro Steel Plant. It has also no administrative control over H.S.C.L. He claimed his entitlement to retain the quarter till payment of the entire legal dues and benefits arising out of the death of his uncle, D. K. Roy.