- (1.) Heard learned counsel for the parties. The petitioner has preferred this writ petition for quashing the order dated 8 th January, 2007 passed by the respondent no.4, Estate Officer, Bokaro Steel City in Case No. A/E 185/06, directing removal of unauthorized construction under sub section 2 of section 5A of the Public Premises(Eviction of Unauthorized Occupants) Act, 1971, against the petitioner.
(2.) It is the case of the petitioner that he was an employee of the Bokaro Steel Plant on the post of Assistant General Manager (Mechanical) and was alloted accommodation being Quarter No. 4D/C/2370 where he has remained in occupation since then. It is further contention of the petitioner is that a small room was constructed at the roof of the said quarter in the year 1998 99 for meditation purposes. The petitioner applied for grant of long term lease after taking voluntary retirement in view of the Scheme floated by the Respondents Company dated 1 st September, 2001. Pursuant to the acceptance of the petitioner's offer the agreement in question was entered on 13 th March, 2002 (Annexure 4) and he was allotted the said quarter on As is where is basis as per Clause 2(iii) of the said lease agreement. However, it is submitted on behalf of the counsel for the petitioner that he has been served with an order under sub section (2) of Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, directing removal of unauthorized construction being in violation of section (XIII) of the Agreement to lease and on failure to do so to deposit cost of Rs. 5,000/ for removal of the said construction. It is further contention of the petitioner that in the knowledge of the respondents company of the existence of small room meant for meditation at the roof of the quarter in question, the long lease agreement was entered into with the petitioner, but now by the impugned order the said construction is directed to be removed, which is arbitrary and also contrary to the specific terms of the lease as contained in Clause 2(iii).
(3.) Learned counsel for the respondents, on the other hand, submits that the lease agreement itself is in relation to the allotment of a quarter of which the schedule is enclosed in the lease agreement at Schedule A, which describes the dimension of the allotted quarter having super built up area 1004 sq. ft. on the first floor together with open area ( potato land for ground floor) in Sector 4D. It is submitted that the quarter, in question, is part of the large housing colony developed by the Bokaro Steel City meant for residential purposes and any indulgence in unauthorized construction or raising of unauthorized structures over the allotted quarters would destroy the whole environment of the housing colony and also set wrong precedent to other persons, who may be encouraged to indulge in unauthorized construction.;