Vijay Tiwari vs State of M.P. and Others

Heard. The petitioner has filed this Public Interest Litigation for the following reliefs:-

Therefore, it is humbly prayed that the petition may kindly be allowed and the respondents may kindly be directed to initiate the proceedings under Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam against the unauthorized occupants those who are in the possession of the municipality quarters as per list Annexure P-1 and the panel rent be also recovered from them against the unauthorized occupation of the quarter and resolution Annexure P-4 may kindly be quashed, or any other relief/direction be issued against the respondents, in the interest of public at large.

The petitioner pleaded in the petition that there are 94 quarters at Municipal Council Shivpuri of the ownership of the Municipal Council. The aforesaid quarters are made for occupation to the employees of the Municipal Council, however, number of quarters have been allotted to the persons who are not the employees of the Municipal Council and even the retired employees are still in occupation.

The Municipal Council in its return admitted the fact that other persons besides employees of the Municipal Council have occupied the quarters. The Municipal Council pleaded that 94 quarters are of the ownership of the municipality and out of the aforesaid 94 quarters, 21 quarters are occupied by the employees working in the municipality and the rest of the quarters are occupied by the other persons who are not the employees. As per the return, 45 cases under the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974 (herein after referred to as Act of 1974) in regard to eviction of unauthorised persons are pending before the SDM, 25 cases are pending before the Collector and 4 cases are pending before this Court. Due to the pendency of the cases, it is not possible for the Municipal Council or authority to take appropriate action in regard to eviction of the unauthorised persons/occupants.

Section 5 of the Act of 1974 prescribes eviction of unauthorised persons. The order of eviction can be passed by the competent authority. Section 9 of the Act of 1974 prescribes provision of appeal. It is further mentioned in the aforesaid Section that no stay can be granted beyond the period of sixty days by the authority in the case of appeal.

In this view of the matter, in our opinion, it is obligatory on the part of the prescribed authority to decide the cases of eviction or appeal expeditiously, which are pending before them.

Section 14 of the Act of 1974 further prescribes recovery of rent as an arrear of land revenue.

It is further contended by the learned counsel for the petitioner that earlier the Municipal Council had withdrawn some cases filed for eviction against the unauthorised persons/occupants, which is contrary to law.

It is an admitted fact that the quarters are made for the purpose of residence of the employees of the Municipal Council and other persons have no right of occupation in the quarters.

In this view of the matter, this Writ Petition is disposed of with the following directions.

That the appropriate authority; the Collector or SDM Shivpuri, where the cases of eviction or appeal are pending in regard to quarters of Municipal Council, Shivpuri, shall decide the aforesaid cases within a period of three months or earlier from the date of receipt of copy of the order.

The respondent No. 5 shall fix the rent of unauthorised persons/occupants of the quarters and recover the same in accordance of Section 14 of the Act of 1974 and the rules made under the Act.

The State Government shall also take steps against the persons, who had withdrawn the cases earlier.

Looking to the facts of the case the petitioner shall be entitled the costs of Rs. 5,000/- (Rupees Five Thousand only). The costs shall be paid by the respondent No. 5.

Petition is disposed of accordingly.