Ved Prakash vs Union Of India And Ors

The applicant was Under Secretary working with respondent no.4. He was dismissed from service on 17.04.2014. He has challenged the dismissal

order and subsequent appellate order, litigation regarding which is ongoing.

In this OA the applicant has challenged various orders issued for levy of license fee/damage rate of license fee and water charges for the

accommodation that had been allotted to him. He has also challenged the eviction notice. Specific reliefs claimed by him are as follows:-

“(i) To quash and set aside the final notice dated 29.01.2016 (A-1) for Flat No.IV/13, NIE Campus, New Delhi issued in continuation of

cancellation order dated 25.04.2014 which has already been quashed by this Hon’ble Tribunal in its order 17.02.2015 and also quash and set aside

Notice dated 21.06.2016 (A-2), letter dated 28.09.2016 (A-3), letter dated 17.02.2017 (A-4) and Eviction Order dated 08.03.2017 (A-5) and restrain

Respondents to recover damage rent for Rs.3,34,305/- communicated vide letter dated 17.02.2017.

(ii) To quash and set aside the Notification No.10-1/2002/C&W dated 15.03.2017 (A-6) charging damages of unauthorized occupation of residential

accommodation for NCERT from retrospective date i.e. 01.07.2016 and restrain respondents to issue any revised bill of damage rent with

retrospective date i.e. 01.07.2016 on the basis of illegal Notification dated 15.03.2017 (A-6).

(iii) To declare the whole process of Eviction under Public Premises (Eviction of Unauthorized Premises) Act, 1971 as illegal and unjustified and

charging damage rent from the applicant for the retention of the Quarter No.IV/13, NIE Campus, New Delhi upto 30.03.2017 and allow him at the

rate of rent he was paying before dismissal on 17.04.2014 as per Hon’ble CAT orders dated 17.02.2015.â€​

The second relief claimed by the applicant is a challenge to Notification No.10-1/2002/C&W dated 15.03.2017 issued by the NCERT, which is a

policy Notification. Challenge to notifications and OMs is beyond the scope of a Single Bench and is subject matter for a Division Bench.

In view of the above, Registry is directed to list this matter before an appropriate Division Bench on 27.02.2020.