- (1.) The appellant-Company initiated a proceeding against the respondent- M/s Bharat Fire Bricks and Pottery Works(P) Limited under the provisions of Public Premise(Eviction of unauthorized Occupants) Act, 1971 on the basis of the report of encroachment dated 16.5.2006 alleged to have been made by the respondent on the alleged land of the appellant. It has been submitted by one of the officers of the appellant-Company alleging that land measuring 10.71 acres of plot nos. 50, 51,52 and 53 of Khata no. 26, Mouza- Fatehpur, Thana No. 130 have been encroached by constructing pucca house with fire bricks manufacturing ovens and building etc. and the date and period of encroachment of unauthorized occupants as mentioned in the report is 10 years. Upon submitting this application, a notice under Section 4(1) of the Act of 1971 was issued to the respondent and the respondent contested the matter.
(2.) The claim of the appellant before Estate Officer was that by virtue of the "Coking Coal Mines(Nationalization) Act, 1972", the disputed property vests in them by operation of law and since the respondent had illegally encroached upon that property, mentioned above, of the appellant about 10 years ago, it is unauthorized occupation in the definition as given in the Act of 1971 and the property being public premises vested in the appellant's Company; therefore, the appellant has right to take possession by exercising power as given under the Act of 1971 to take possession through the competent authority.
(3.) The respondent submitted a reply before the Estate officer stating therein that the respondent is not claiming the plot no. 52 since the plot no. 52 is a public road and area of that plot is not included in the land measuring 10.71 acres, possession of which has been sought by the appellant.;