Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5823 of 2019 Petitioner :- Mahendra Singh Respondent :- District Panchayat Counsel for Petitioner :- Sanju Lata,Na
Hon'ble Manoj Kumar Gupta,J.
After some argument, counsel for the petitioner submitted that she would not press the petition in case the petitioner is granted six months time to vacate and the damages awarded by the Prescribed Authority is reduced.
The case of the petitioner is that the shop is in existence since a very long time and the road on which it is situated is P.W.D. road. The land is nazul land and does not belong to District Panchayat Saharanpur, which initiated the proceedings for eviction under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972.
The Prescribed Authority had made a spot inspection. He has returned a categorical finding that the shop is situated on the patri of public road. The petitioner is in unauthorized possession. He has also specified the exact location of the shop and has directed for eviction of the petitioner and awarded Rs.10,000/- as damages. The appeal filed by the petitioner has also been dismissed by the appellate court.
Learned counsel for the petitioner submitted that the petitioner is very poor person and the small business being done by him from the shop in dispute is the only source of his livelihood, therefore, some reasonable time be granted to vacate and the damages awarded be reduced suitably considering the pitiable condition of the petitioner.
Having regard to the facts of the case and the submissions made, the order of the Prescribed Authority as well as appellate court are upheld except in regard to the damages awarded. The petitioner shall have six months time to vacate, provided the petitioner gives an undertaking before the Prescribed Authority within two weeks from today that he will hand over vacant possession upon expiry of six months without any let or hindrance and also deposits Rs.5000/- by way of damages. In case of default of any of the conditions stipulated above, the impugned orders shall become executable forthwith.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 6.8.2019 SL