Delhi District Court
Sh. Avtar Singh Bhadana vs Union Of India on 28 July, 2014
IN THE COURT OF SHRI I.S. MEHTA
DISTRICT & SESSIONS JUDGE : NEW DELHI.
PPA No. 39/2014
Sh. Avtar Singh Bhadana
s/o Sh. Nahar Singh
R/o 16, Janpath
New Delhi. .......Appellant.
Versus
1. Union of India
Through Secretary
Ministry of Urban Development
Nirman Bhawan, New Delhi
2 Estate Officer
Directorate of Estates
Room No. 514, C Wing
Nirman Bhawan, New Delhi.
.........Respondents
Date of Institution : 24.07.2014
Date of Argument : 28.07.2014
Date of Decision : 28.07.2014
Appearance: Sh. Vivek Singh, Advocate
for appellant.
Ms. Geeta Malhotra Ld. Counsel
for respondents.
J U D G M E N T
PPA No. 39/2014 Page no. 1 of 5 This is an appeal filed by the appellant for setting aside the order dated 07.07.2014 (in short, referred to as the impugned order) passed by respondent no. 1/Estate Officer directing the appellant to vacate the premises with immediate effect.
2 Brief facts of the present case are that Bunglow No. 16, Janpath, New Delhi was allotted to the appellant as he was elected Member of Parliament from Faridabad constituency on Congress Ticket. A letter/notice dated 31.05.2014 was sent to the appellant informing him that consequent upon dissolution of 15th Lok Sabha w.e.f 18.5.2014, the allotment of General Pool Accommodation of Bunglow/Flat No./Suite No. 16, Janpath, New Delhi in his name is cancelled w.e.f 18.6.2014 and he was directed to hand over the vacant possession of the Bunglow within the stipulated period of CPWD. The appellant failed to hand over the possession of the allotted accommodation and a notice U/s Sub Section ( 1 ) Clause ( b )of Sub Section (2) of Section ( 4 ) of Public Premises (Eviction of Unauthorised Occupants Act) was issued to the appellant. The appellant filed reply to the notice stating that the notice was served PPA No. 39/2014 Page no. 2 of 5 in less than seven days. However, as he was already given sufficient time to vacate the allotted accommodation, eviction order U/s 5 of The Public Premises (Eviction of Unauthorised Occupants) Act 1971 dated 07.7.2014 was passed against him.
3 Aggrieved from the impugned order the appellant preferred the present appeal. It is stated that the appellant is former Member of Parliament. However, appellant lost the elections to the Parliament from his existing seat in 16th Lok Sabha General Elections 2014 and his allotment was immediately cancelled w.e.f 18.6.2014. It is submitted that the appellant has been on the target of various militant and terrorist organization and the appellant has been provided with Z Security comprising of 38 personnel from CRPF. It is stated that the impugned order was passed in mechanical manner and the notice u/s 4 (2)(b)(i) of the Act was not a proper notice. It is stated in the appeal no reasons have been given in the impugned order and has been passed with a predetermined mind to evict the appellant without giving him any opportunity. Appellant prays for setting aside of the impugned order dated PPA No. 39/2014 Page no. 3 of 5 07.07.2014.
4 I have heard Ld. Counsel for the appellant Sh. Vivek Singh and Ms. Geeta Malhotra Ld. Counsel for the respondent and have gone through the record and impugned order.
5 The ld. Counsel for the appellant submits that appellant be given time to vacate the premises till 31.08.2014 for making arrangement for his accommodation and as he has to manage the accommodation of security personnel also and his life is under threat. The statement of the appellant to this effect has been recorded separately. Statement of Sh. Harvesh Kumar Asst. Director, Litigation for respondent has also been recorded.
6 In view of the statement of the appellant Sh. Avtar Singh Bhadan, that he is ready to vacate the premises after giving him some reasonable time for vacation as his life is under threat due to security reasons he is directed to hand over the physical possession of the allotted PPA No. 39/2014 Page no. 4 of 5 Bunglow No. 16, Janpath, New Delhi to the respondent on or before 30.8.2014.
Appeal of the appellant is disposed off accordingly. TCR be sent back with copy of this Judgment. Appeal file be consigned to record room.
Announced in the open court on this 28th day of July, 2014.
( I. S. MEHTA )
District & Sessions Judge
New Delhi
PPA No. 39/2014 Page no. 5 of 5