SHANTI DEVI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-2
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on September 04,2013

SHANTI DEVI Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) UNDER a lease executed and registered on 17th March, 1984, the Government of Uttar Pradesh came to be in possession of premises No. 72, Rajpur Road, Dehradun. The said premises had a main building, an office and lawns. As will be evidenced from the lease deed, the lawn was attached to the main building and office and was contemplated to be reasonably required for the enjoyment and use of the main building and the office. The total area of the said premises was 9522 Sq. metres. In 1993, the owner of the premises filed an application under Section 21(8) of the U.P. Act No. 13 of 1972 seeking enhancement of rent. The matter ultimately reached the third Additional District Judges Court. The third Additional District Judge, Dehradun, on 18th May, 1999, fixed the rent payable for the said premises. While doing so, he took into account that of the premises, 1616 Sq. metres has been constructed upon and the remaining 7906 Sq. metres is without any construction. The rent was fixed taking into account both these elements; in other words, as was original available while the lease was granted. The third Additional District Judge, Dehradun held that the land attached to the main building and the office is reasonably required for the enjoyment and use of the main building and the office. This adjudication has been affirmed up to the Hon'ble Supreme Court without any interference.
(2.) AS will be evidenced from the lease deed, the same was obtained for residence or office or both to be in occupation of the Superintendent of Police, Dehradun. After the creation of the State of Uttarakhand, the Government of Uttarakhand stepped into and since then the premises in question remained in possession of the Senior Superintendent of Police, Dehradun. For occupation by the Senior Superintendent of Police, Dehradun of the said premises, the Government is paying a rent of Rs.86,232/ - per month as was fixed by the third Additional District Judge, Dehradun on 18th May, 1999. In the year 2001, the owner of the said premises filed an eviction suit being S.C.C. Suit No.24 of 2001 seeking eviction of the Government from the said premises. The suit was decreed on 24th August, 2002. Revision filed against the said decree was dismissed by this Court on 11th August, 2008. Review against the said order dated 11th August, 2008 was also dismissed by this Court on 4th January, 2011. No further step was taken to challenge the eviction decree. Soon thereafter the owner of the premises filed S.C.C. Execution Case No. 1 of 2008 for executing the decree passed in S.C.C. Suit No. 24 of 2001 to the extent the same directed payment of money. In 2010, Execution Case No. 1 of 2010 was filed seeking execution of the decree passed in S.C.C. Suit No. 24 of 2001. On 24th September, 2010, Senior Superintendent of Police initiated an objection under Section 47 of the Code of Civil Procedure to resist eviction. On 18th March, 2011, the State Government also filed an objection under Section 47 of the Code of the Civil Procedure against eviction. The execution application and objections thereto are still pending and have not yet reached finality. In consequence thereof, the eviction decree passed on 24th August, 2002 in S.C.C. Suit No.24 of 2001 has not yet been executed.
(3.) IN the meantime, on 7th July, 2003 the State of Uttarakhand issued a notification under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and, accordingly, in connection therewith dispensed with the applicability of Section 5A of the Act. The said notification is as follows:- JUDGEMENT_726_RD121_2013.jpg;


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