Order 1

Order Details: COPY OF ORDER
Pdf Text: Vijay Sharma Vs. Directorate of Estates through the Estate Director
& Ors.
PPA No.13/2023
17.07.2023
Fresh Appeal under Section 9 of the Public Premises (Eviction
of unauthorized occupants), Act, 1971 received. It be checked
and registered.
Present : Sh. Sunil Dalal, Ld. Sr. Advocate with Sh. Navish
Bhati and Sh. Mahavir Singh, Advocates for the
appellant.
Heard. Vide this appeal, order impugned is the
eviction order dated 06.07.2023 of the Estate Officer, Directorate of
Estates. It is stated that the appellant is an Officer from IRAS and
while posted with the Ministry of Petroleum, he was allotted this
accommodation from general pool. Thereafter, in April, 2020, he
repatriated to his parent cadre and transferred to NorthEast. It is
stated that the Railway Board vide its letters dated 14.06.2020,
16.06.2020, 22.09.2022 and 28.06.2023 is writing to the Directorate
of Estates for interpool exchange of this house with general pool
house as Sh. J.P. Pandey who is from the same service has been
allotted this house and the appellant is liable to be alloted a house in
Railway pool but no response has been received from the
Directorate of Estates, Ministry of Housing and Urban Affairs.
It is stated that now the appellant has received a Show
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Cause Notice dated 27.06.2023 mentioning that “allotment
canceled” w.e.f. 01.05.2020 on account of nonreceipt of license
fee. It is stated that license fee has to be deducted by the Drawing
& Disbursing Officer, Ministry of Railways. It is stated that it is
mentioned in the Show Cause Notice to vacate the premises within
three days and Estate Officer vide order dated 06.07.2023 passed
the order for eviction of the premises with immediate effect.
In view of the facts and circumstances, the operation of
the impugned order dated 06.07.2023 of Estate Officer is stayed.
Notice be issued to respondents on PF/RC for 29.08.2023.
A copy of this order be given dasti.
(Sanjay GargI)
Principal District & Sessions Judge
New Delhi District
Patiala House Courts/ND/17.07.2023(mc)
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