Shri Avinash Srivastava v. Estate Officer, Directorate of Estates

RAJIV SAHAI ENDLAW, J. AUGUST 16, 2018 bs

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16th August, 2018. + W.P.(C) 11029/2017 & CMs No.45098/2017 (for stay) & 5466/2018 (for condonation of 20 days delay in filing the appeal) AVINASH SRIVASTAVA ..... Petitioner Through: Ms. Gargee Dixit, Adv. Versus ESTATE OFFICER, DIRECTORATE OF ESTATES ..... Respondent Through: Mr. Rajesh Gogna and Mr. Akhilesh Kumar, Advs. with Mr. Harvesh Kumar, Assistant Director and Mr. Tilak Raj, ASO of DOE. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition under Article 226 of the Constitution of India impugns the order [dated 23rd November, 2017 in PPA Appeal No.08/2017 of the Court of District Judge (HQs) acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act)] of dismissal of appeal preferred by the petitioner against the order dated 16th May, 2017 under Section 5 of the Act of the Estate Officer of eviction of the petitioner from Quarter No.191, Block-11, Dev Nagar, New Delhi. 2. The petition came up before this Court first on 12th December, 2017, when notice thereof was ordered to be issued, the record of the Estate Officer and Appellate Court requisitioned and coercive action against the petitioner restrained; the petitioner as well as his wife were also directed to remain present in person on the next date of hearing. However, the order of the next date of hearing neither records the presence of the petitioner or his wife nor makes any reference to nor discloses that any enquiries were made from the petitioner or his wife. The respondent has filed a counter affidavit and to which a rejoinder has been filed in terms of order dated 7th May, 2018. The counsel for the petitioner has also filed his submissions in writing. 3. Ms. Gargee Dixit, counsel for the petitioner today conveniently states that her file has been lost and an adjournment be given. 4. The petitioner is enjoying stay of eviction from public premises, that too granted without even recording that there is any prima facie error in the order of the District Judge acting as the Appellate Officer, which has been conferred finality under the Act. The continuation of the said stay order and the resultant continuation of the possession of the petitioner of the public premises is obviously to the detriment of others. The petitioner was allotted the subject premises by virtue of his employment with the Government and for the purpose of his own residence. Judicial notice can be taken of the fact that there is scarcity of government accommodation and government employees have to wait for years for allotment thereof. If in these circumstances, those who are not even themselves residing in the government accommodation and have rather made it a source of earning, are allowed to continue with the same, the others in the queue for allotment of government accommodation will be deprived thereof and may even superannuate, without availing of such accommodation. 5. Moreover, the plea taken for adjournment does not inspire any confidence. Though Ms. Gargee Dixit, Advocate appears but intermittently also states that Mr. A.K. Pandey, Advocate has to argue and who has chosen not to appear. It is quite clear that Ms. Gargee Dixit, Advocate is only using the pretext of losing the file for seeking adjournment. 6. Option was given to Ms. Gargee Dixit, Advocate that adjournment can be granted by vacating the interim order. She has chosen to argue the petition. 7. The counsels have been heard and the record of the Estate Officer and the Appellate Court have been perused. 8. An inspection of the premises was carried out on 28th December, 2013 at 1243 PM. Rahul, Rita, Karishma and Samir were found in the premises. The petitioner was not found and the persons present did not show the Ration Card or the Central Government Health Scheme (CGHS) Card of the petitioner. However, gas meter in the name of the petitioner was found installed in the premises. Karishma