KAMAL NARAYAN KHANDELWAL Vs. UNION OF INDIA
LAWS(CHH)-2003-2-13
HIGH COURT OF CHHATTISGARH
Decided on February 06,2003

Kamal Narayan Khandelwal Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Fakhruddin, J. - (1.)This revision has been filed by Kamal Narayan Khandelwal and Dilip Kumar Khandelwal under Section 115 of the Code of Civil Procedure. The proceedings for eviction were drawn against the petitioners and eviction order was passed as far back as on 8-10-1987 by the Competent Authority. An appeal was preferred before the District Judge under Section 9 of the Public Premises (Eviction of unauthorized Occupants) Act, 1971. The appeal was dismissed on 8-10-1996. Thereafter, W.P. No. 1471/1997 was filed which was held to be not maintainable. Pursuant to the order passed by the Division Bench of High Court, an application for conversion of writ petition into Civil Revision was filed which was allowed and this revision has been registered as C.R. No. 2407/2000 in the High Court of Madhya Pradesh and after formation of State of Chhattisgarh, this has been received on transfer from High Court of Madhya Pradesh.
(2.)It is submitted that there are various persons against whose encroachments in front of main station and the circulating area, various orders evicting these persons were passed. They were challenged by Civil Revision Nos. 739/97, 553/2000, 555/2000, 557/2000, 558/2000 and 559/2000 and revisions were decided by common order dated 19-6-2000. It is pointed out that in the other case, the petitioners were given licence and possession of the Railway plot whereas in the present case petitioner was not given any licence. The plot in question was originally granted to Hem Narayan Singh s/o Late Lab Singh in the year 1980 as temporary licence. The said Hem Narayan left the plot and alleged to have given its possession by giving power of attorney which is contrary to various conditions laid in the "Licence for temporary occupation of Railway Land" and is contrary to law as well as public policy.
(3.)Counsel for the Railways referred to and it is relevant here to mention the condition Nos. 3, 4, 5, 6, 7 and 8 which are quoted hereinbelow:--
"3. That the land can only be occupied for which it is allotted. 4. That the land is not to be assigned, transferred or sub-let by the occupier nor shall part with the actual possession thereof. 5. That the Government only agrees to give temporary occupation of the land of three years only and the occupier is liable to have this licence cancelled at any time upon such notice as is mentioned in Clause 7. This is without derogating the right of termination reserved in Clause 13 thereof. 6. That no building of any kind shall be erected by the occupier without the previous permission in writing of the Chief Engineer of the South Eastern Railway or a duly authorized officer of the South Eastern Railway, the general arrangement of such building must also be approved by the officer giving permission and such permission will in all cases apply only to the erection of a building or buildings of a purely temporary character and all buildings erected by the occupier on the land occupies by him under this Agreement shall for the purpose of this licence be regarded and treated as temporary buildings. 7. The Government shall be entitled at any time to give notice to the occupier of its intention to resume possession of the land and subject to the proviso hereinafter contained the occupier shall vacate the land, remove all materials and buildings belonging to the occupier and restore the land to its original state within 30 days after the date such notice and the Government shall not be responsible for any inconvenience, loss or damage that may be caused or done to occupier by reason of his having to vacate on such notice. Provided always and it is agreed that the Government upon giving notice to the occupier of its intention in that behalf concurrently with the said notice of intention to resume possession shall be at liberty to purchase from the occupier and take over all or any buildings erected on the land by the occupier at fair value. Such value shall be ascertained and fixed by any District Engineer of the South Eastern Railway appointed for that purpose by the Chief Engineer of the South Eastern Railway and the value so ascertained and fixed shall be accepted both by the Government and the occupier as the fair value of such building or buildings. 8. All buildings erected and all materials merchandise or goods brought in or stored by the occupier upon the said land shall remain charged unto the Government as continuing security for the payment of the occupation money herein reserved and the observance by the occupier of the stipulations on his part herein contained and the occupier shall not be entitled to remove the same after receipt of the notice referred to in Clause 7 herein without first payment and satisfying all dues of the Government for occupation money or otherwise. If at the expiration of the said period of thirty days referred to in Clause 7 any building shall be left on the land which the Government shall not have elected to purchase as aforesaid or if the occupier shall have then failed to remove any materials or goods or to restore the said land to its original condition then and in any or either of such cases the Government shall be at liberty to sell such buildings materials and goods or to demolish or remove the same or otherwise to deal therewith in such manner as the Government may think fit and all costs and expenses incurred by the Government in or about such sale removal or disposal, shall be paid by the occupier to the Government on demand and the Government shall be at liberty to recoup such costs and expenses as also any occupation money or other money which may be due to it hereunder from and one of the proceeds of any such sale as aforesaid."
A plain reading of the aforesaid conditions shows that this land/plot was only for a temporary occupation and was not to be assigned, transferred or sublet by the occupier. He could not part with the actual possession thereof. The conditions laid down in the "Licence for temporary occupation of Railway Land" are for protection and preservation of Railway Property.


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