Court No. - 36
Case :- WRIT - A No. - 12929 of 2019 Petitioner :- Shiv Dutt @ Shiv Dutt Rana Respondent :- State Of U.P. Through Principal Secretary, Local Bodies, Lucknow And 4 Others Counsel for Petitioner :- Joveen Kumar Counsel for Respondent :- C.S.C.,Pradeep Chauhan
Hon'ble Mrs. Sunita Agarwal,J.
Sri Pradeep Chauhan learned counsel has put in appearance on behalf of the Nagar Nigam, Moradabad.
The petitioner who was appointed in the Nagar Nigam on 23.08.1990 and had retired on 31.03.2014, has not vacated the official quarter allotted to him during the course of service. The notice impugned dated 20.07.2019 categorically indicates that the petitioner is illegally occupying the official quarter in the premises of Jal Kal Premises, Peeli Kothi.
By means of the present petition, the petitioner seeks to submit that the petitioner is permanent resident of the house in question which is existing on the Nazul land no.451, village Chhawani Civil Lines, Tehsil & District Moradabad and is a tenant for an area measuring 71.10 square meters. He moved an application on 27.06.1996 for getting free hold rights in the said land before the District Magistrate pursuant to the Government order dated 23.05.1992 and the said application has duly been accepted. A demand letter dated 21.01.1997 for payment of Rs.63 thousand and odd was issued to the petitioner for conversion of lease hold into free hold. Out of said demand, the petitioner has deposited Rs.51 thousand and odd with 20% discount but free hold deed has yet not been executed in favour of the petitioner. Submission is that the house plan was sanctioned by Meerut Development Authority on Nazul land No. 451 on 09.05.1996 which is also in the name of the petitioner. It is, thus, sought to be contended that the petitioner being tenant of the house situated on the Nazul land No.451 is entitled to get conversion of lease rights into free hold.
This contention of learned counsel for the petitioner is wholly misconceived, in as much as, the fact that the house in question is a departmental accommodation and is existing in Jal Kal premises, Moradabad and was allotted to the petitioner prior to the year 1996 when he entered into the services of Nagar Nigam, are not disputed. The rights of the petitioner to retain the house in question as a tenant/allottee of Nagar Nigam, was till his retirement i.e. 31.03.2014. After superannuation, the petitioner cannot have any legal right to retain possession of the official accommodation. The occupation of the petitioner after 31.03.2014 is, thus, illegal. It is further noteworthy that no penal rent is being realised by the Nagar Nigam from the petitioner. The notice dated 20.07.2019 has been issued for the first time asking the petitioner to vacate the house in question.
The petitioner is under obligation to vacate the house in question within a period of one month and handover the same to the competent authority. In case, the petitioner does so, his outstanding retiral dues be computed and shall be paid at the earliest.
As far as the deposits made by the petitioner for conversion of lease right into a free hold with regard to the Government accommodation-in-question, it is open for him to seek refund of the said amount by moving an appropriate application to the competent authority.
In view of the above, the writ petition is found misconceived and hence dismissed.
Order Date :- 26.8.2019 Himanshu