Rakesh Kumar Sharma vs District Judge, District Haridwar & Others

Sudhanshu Dhulia, J

The petitioner was allotted 23 bighas of land for storage of building material and machines since the work was given to the petitioner for construction of a road by the Government. The land admittedly comes under the Nagar Palika Parishad, Haridwar. Since the allotment was for a particular purpose (i.e. for construction of road), after the period of construction was over, a notice under Section 4 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (from hereinafter referred to as the "Act"), was given to the petitioner asking him to vacate the land and handover its possession to the Nagar Palika Parishad, Haridwar. The petitioner did not do that. Thereafter calculating the recovery amount of 23 bighas at the rate of Rs.600/- per year on Khasra Nos. 569, 570 and 571 of Jwalapur, Haridwar, the petitioner has been directed to deposit an amount of Rs.4,98,750/- (Four Lakh Ninety Eight Thousand Seven Hundred Fifty Only) from 12.12.1986 till 31.08.2001 when the notice was given. Petitioner gave a reply to the said notice and he admits that land was given by the Nagar Palika Parishad, Haridwar but the objection which was raised is that he received the notice from the Executive Officer and not from the Nagar Palika Parishad, Haridwar. The second objection is that whereas 23 bighas of land at the rate of Rs.600/- per year was leased out, but they have never given the physical possession of 23 bighas of land. Therefore it was alleged that cost of the lease has been wrongly calculated. The petitioner, all the same, did not vacate the land.

Since the petitioner did not vacate the land, the Nagar Palika Parishad, Haridwar moved an application before the Prescribed Authority under Section 4 of the Act. The Prescribed Authority came to the conclusion that there is a clear-cut admission on the part of the petitioner that the land in question belongs to Nagar Palika Parishad, Haridwar and the same has been leased out to the petitioner. The application filed by the Nagar Palika Parishad, Haridwar under Section 4 of the Act was allowed by the Prescribed Authority vide order dated 14.08.2006 directing the eviction of the petitioner from the land in question and a penalty of Rs.4,98,750/- (Rupees Four Lakh Ninety Eight Thousand Seven Hundred Fifty Only) was also imposed upon the petitioner. Against this order, the petitioner preferred an appeal before the learned District Judge, Haridwar, which was also dismissed vide order dated 22.12.2006. Aggrieved, the petitioner has filed the present writ petition before this Court.

Vide order dated 02.03.2007, an interim relief was granted by this Court to the petitioner, which reads as under:-

"Heard.

Admit the petition.

Notices on behalf of respondent no. 3 are accepted by Mr. Pankaj Miglani, who prays for and is allowed three weeks time to file the counter affidavit.

List thereafter.

Also, heard on application for interim relief.

Learned counsel for respondent No.3 states that the petitioner is already evicted and is not in possession of the land in question. In the circumstances, at this stage, this Court is not inclined to pass the interim order as to the protection of the possession. However, Annexure -11 to the petition, shows that the recovery of rent has been directed to be made up to the period 14.08.2006, while learned counsel for the respondent No. 3 states that eviction has taken place in August 2003.

In the circumstances, recovery of rent for the period after August 2003, sought to be made through the impugned orders, is stayed until further orders."

After hearing the counsel for the parties, it is clear that the land was leased out to the petitioner by the Nagar Palika Parishad, Haridwar. The period of lease has come to an end and the petitioner is liable to pay the amount along with the interest, if any, for unauthorized occupation of the said land.

This Court has been informed that the petitioner has already vacated the land.

The writ petition is hence dismissed. Interim order dated 02.03.2007 is hereby vacated.

The District Magistrate, Haridwar is hereby directed to coordinate with "Mukhya Nagar Adhikari" of the Nagar Palika Parishad, Haridwar to calculate the recovery from the petitioner which the petitioner is liable to pay and recover the same in accordance with law as arrears of land revenue. It is, however, made clear that the authority will also ascertain that the petitioner has actually vacated the land and if it is so then it should hand over its possession to the respondents in accordance with law.