JUDGEMENT
Ramendra Jain, J. -
(1.) This order shall dispose of a batch of six appeals bearing LPA Nos. 250, 255, 316, 329, 356 and 360 of 2015, filed by six different occupants of separate shops situated in the same vicinity belonging to the Haryana Tourism Corporation (respondent No.1), as according to learned counsel for the parties, common questions of law and facts are involved therein. For brevity, the facts are being extracted from LPA No. 250 of 2015.
(2.) The appellants are challenging the order dated 18.12.2014 passed by the learned Single Judge, whereby a batch of 13 writ petitions (including the writ petitions filed by the present appellants) has been dismissed, and the orders passed by the authorities constituted under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Public Premises Act') ordering eviction of all the occupants from the shops in question have been upheld.
(3.) Admittedly, the appellants or their predecessors were granted licences by the Zila Parishad, in respect of the shops in question, for carrying on business. In the year 1972, agreement of the Zila Parishad with the licensees had expired and in the year 1974, the shops in question were transferred to the respondent Corporation. Thereafter, in June, 1997, on failure of the licensees to deposit the enhanced amount of license fee, their licences were revoked and notices were issued to them to vacate the shops and deposit the amount of license fee. But the licensees neither vacated the shops nor deposited the balance amount. Therefore, the respondent Corporation filed separate petitions under Sections 4, 5 and 7 of the Public Premises Act before the Collector, Rohtak, for eviction of the present appellants and other similarly situated occupants of the shops and for recovery of arrears. After affording opportunity of hearing to the parties and considering the evidence led by them, the Collector, vide separate orders dated 07.12.2001, allowed the aforesaid petitions, while holding all the occupants, including the present appellants, to be in unauthorised occupation of the shops in question. Accordingly, the appellants were directed to be evicted from the shops in question, with a further direction to them to deposit the balance amount along with interest @ 18% till vacation of the shops.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.