Om Prakash and Others vs State of U.P. and Others

Sibghat Ullah Khan, J.—Heard learned Counsel for the parties.

This writ petition was dismissed on merits as well as for non prosecution on 27.08.1997 noting that illness slip had been filed but it was not applicable in old case. The said order was set aside and writ petition was restored through order dated 01.09.2010.

Learned Counsel for the Petitioner has placed on record a judgment given by me on 21.09.2006 in writ petition No. 5637 of 1984, Mahalaxmi Trading Corporation v. State of U.P. and Ors. and has prayed for disposal of this writ petition also on the same terms and conditions.

Petitioners were allotted plot bearing No. D-2 in Industrial Estate, Jhansi by Director of Industries and possession was delivered to them in 1966. Petitioners were required to execute higher purchase agreement and lease deed. Petitioners alleged that they supplied requisite documents and amount but Director of Industries did not execute the deeds. On the other hand, according to the Director of Industries Petitioners were at fault and requirements were not fulfilled by them. Consequently the Director of Industries initiated proceedings for eviction and recovery of damages against the Petitioners under U.P. Public Premises Eviction of Unauthorized Occupants Act (U.P. Act No. 22 of 1972) before Prescribed Authority/Sub Divisional Officer, Jhansi in the form of case No. 2 of 1973-74. The Prescribed Authority decided the matter against the Petitioners on 31.07.1975 (copy of the judgment is Annexure-A-2 to the writ petition) Prescribed Authority held that as Petitioners had not paid Rs. 6,875.50/- by 18.02.1972 hence allotment of the plot was rightly cancelled by the Director. Through, the said order eviction of the Petitioners was directed and damages of Rs. 5920/- up till 18.04.1973 and future damages at the rate of Rs. 74/- per month were also awarded. Against the said order Petitioners filed Misc. Civil Appeal No. 196 of 1975. II Additional District Judge, Jhansi dismissed the appeal on 16.01.1978 hence this writ petition.

Area of the plot is 40 feet X 60 feet (267 Square yard).

Admittedly, Petitioners are still in possession. Paragraphs 3 and 4 of my judgment in writ petition No. 5637 of 1984 are quoted herein below:

As the matter is quite old and Petitioners are in possession under valid allotment hence it will not be in the interest of justice to dispossess them.

However, both the Courts below have held that Petitioners were at fault and they did not deposit the requisite amount and documents for execution of deeds on proper stamp papers within time. Accordingly, in my opinion interest of justice will best be served by directing the Petitioners to pay handsome damages in lieu of eviction. Learned Counsel for the Petitioners has agreed for the same. In certain cases it is not necessary to order eviction in case of unauthorized occupation.

However, as in the instant case, the matter is being decided after 33 years while in the above case it was decided after 22 years hence in stead of damages of Rs. 75,000/- for each plot in the above writ petition (Total Rs. 1,50,000/-,) damages of Rs. 1,00,000/- in the instant case are fixed (in the instant case plot is only one).

Accordingly, both the impugned orders are set aside on the condition that within four months from today Petitioners deposit Rs. 1,00,000/- with the Director of Industries through bank draft. Along with bank draft, draft of the deed required to be executed on blank water mark paper shall also be filed. (If draft is not accepted then immediately application may be filed in this very writ petition by Petitioners bringing the said fact to the notice of the Court). On deposit of the said amount necessary deeds must at once be executed by Director of Industries in favour of the Petitioners written on adequate stamp paper. Charges for stamp duty and registration fees etc shall be adjusted from the aforesaid amount of Rs. 1,00,000/-. The remaining amount shall be adjusted towards balance amount required to be paid by the Petitioners and damages. However, in case aforesaid amount is not deposited by the Petitioners within the aforesaid period then this order shall stand automatically vacated, impugned orders shall revive and writ petition shall stand dismissed.

Writ petition is accordingly disposed of.