SHANKAR SHARMA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The notice dated 7.12.2012 under Section 4(1) of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971 and the order dated 22.1.2013 passed under Section 5(1) of the said Act directing the petitioner to vacate the lands in question are under challenge. The grounds for challenge primarily are that the petitioner is a lawful purchaser of the said lands devolved upon him through the original raiyat Khetu Turi, as per the copy of the 'khatian'(Annexure-2) through successive purchasers . Other grounds for challenging the same are that the notice do not contain description of the lands said to be encroached by the petitioner and the impugned order at Annexure-4 has been passed in a summary manner, is also vague, so far as description of the lands alleged to be encroached by the petitioner is concerned. It is further submitted on behalf of he petitioner that in similar circumstances this Court interfered in exercise of such powers by the respondents in W.P.C. No. 3836 of 2012 vide order dated 2.8.2012 and also in W.P.C. No. 798 of 2013 and another analogous case decided on 14.2.2013. Counsel for the petitioner, therefore submits that despite being rightful owner of the lands in question, which he has purchased from the previous vendor, Shishir Kr. Sarkar through Sale Deed in 1983,(Annexure-1) through his father, petitioner is being forced to be evicted on the basis of such notice as well as order which are vague and non speaking and without taking into account the contention of the petitioner.

(3.) Counsel for the Railways , however submitted that the petitioner has encroached over Railway lands and in exercise of power under the Act of 1971 by the Estate Officer after proper notice order of eviction has been passed under the relevant provision of the Act.