An order was passed under Section 5 B of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The said order was challenged by the petitioner in miscellaneous appeal which has been dismissed by the judgment and order dated 3.5.2010. The aforesaid orders have been impugned in the present writ petition.
Sri K.K.Arora, learned counsel for the petitioner has raised two contentions. First, the constructions existing on the land are personal constructions of the petitioner and, as such, would not fall within the meaning of public premises. Secondly, no new construction was made and only repairs were undertaken by the petitioner.
Sri Mohd. Isa Khan who has accepted notice on behalf of all the respondents prays for and is allowed three weeks' time to file counter affidavit. Two weeks thereafter are allowed to the petitioner for filing rejoinder affidavit.
List after expiry of the above period.
Until further orders of this Court the parties are directed to maintain the status quo in respect of the nature of the property in question.
Order Date :- 21.6.2010 BK