Eviction Order Stayed by Chandigarh Court

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A Chandigarh court has stayed a recent eviction order based on a decision made 45 years ago.

The applicant-appellant residing at House No 73, Phase-1, Ram Darbar, Chandigarh (formerly House No 73, Karsan Colony) – has argued that the late Shri Shitla Prasad and his family have lived at the address since its allotment.

Despite Prasad’s death on June 25, 2003, his family never received any notice from the respondent regarding payment or violations related to the house.

Recently, Estate Office officials visited the property and threatened eviction based on an order dated Aug 31, 1978, which allegedly can- celled the house’s allotment.

Notice of eviction has been issued after the lapse of 45 years and the appellant has been resid- ing in the premises in question since 1977

The appellant contends that without a stay on the eviction order, they will suffer irreparable harm.

The eviction proceedings stem from a cancelled licence due to non-payment of fees, with an order issued on July 31, 1978, by the deputy chief administrator, UT Chandigarh.

The notice under Section 4(1) of the Public Premises (Eviction of Unauthorized Occupants) Act was served on Feb 23, 2024 and the eviction order under Section 5(1) was passed on July 4, 2024 after following due process.

The eviction proceeding against all the unauthorised occupants has been initiated as the licence of the site was cancelled, due to non-payment of licence fee vide order dated July 31, 1978 passed by the deputy chief administrator, UT, Chandigarh. Therefore, a notice under Section 4 (1) of the PP Act was issued and served 23.02.2024. 

Order dated 04.07.2024 under Section 5 (1) of the PP Act was rightly issued by the answering respondent after following due process of law under the Public Premises Act 1971. While arguing on these lines, the application is sought to be dismissed. Because notice of eviction has been issued after the lapse of 45 years and the appellant has been residing in the premises in question since 1977, the court is of the opinion that the operation of the impugned order is to be stayed till the final disposal of the appeal.

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