Court No. - 32
Case :- WRIT - C No. - 19534 of 2021 Petitioner :- Jitender Arora Respondent :- Union Of India And3 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- A.S.G.I.,Satish Kumar Rai
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Nipun Singh, learned counsel for the petitioner, Sri Sunil Kumar Mishra, learned counsel for respondent no.1 and Sri S.K. Rai, learned counsel for respondents no.2 & 3.
This writ petition has been filed assailing the notice issued under Section 5-A of Public Premises (Eviction) of Unauthorized Occupant Act, 1971.
It is contended by learned counsel for the petitioner that the land was allotted by the Cantonment Board in the year 1992 over which the petitioner had made a temporary wooden kiosk and was carrying his business. It is further contended that the respondent authorities are bent upon in removing the petitioner from the said area by issuing notice under Section 5-A and not under Sections 4 and 5 of the Act, against which the petitioner may have a remedy of appeal under Section 9 of the Act. It is also contended that there is no provision of appeal under Section 5-A.
Opposing the writ petition, Sri S.K. Rai, learned counsel for the respondents submitted that it was only a notice and the petitioner was required to file his reply before the authority. It is further submitted that the area was given to the petitioner to place a wooden Takhat measuring 30 Sq. feet and Teh-Bazari fee of Rs.150/- per month was levied, but the petitioner has made temporary construction over the said area, leading to which this notice under Section 5-A has been issued for removing the wooden kiosk. However, Sri Rai, does not dispute that the petitioner was given the area of 30 Sq. feet to be used on collection of Tehbazari charges from him.
Having gone through the record of the case and from perusal of record, it transpires that it is only a show cause notice which has been issued under Section 5-A on 29.07.2021 and petitioner may approach the authorities by filing a reply within next 15 days from today and the authority shall consider the reply of the petitioner strictly in accordance with law and also considering their written statement filed in Suit No.554 of 2011, wherein in paragraph-22, the stands of the Cantonment Board is that the petitioner was permitted to keep a Takhat on a land measuring 30 Sq. feet on the monthly Tehbazari charges at the rate of Rs.150/- per month.
The authority shall decide the objections of the petitioner within three days from the date of filing of reply. Till the decision is taken by the Cantonment Board, the construction in question shall not be demolished.
In view of the above, the writ petition stands disposed of.
Order Date :- 12.8.2021 SK Goswami