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Even encroacher must be evicted through due process: Court
Observing that it is a trite law that even an unauthorised occupant can be evicted only by following due process of law, the Madras High Court has directed the eviction of a person running a telephone booth within the ESI Hospital compound at KK Nagar by following the procedure as laid down under the Public Premises (Eviction of Unauthorised Occupations) Act, 1971.
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migrator
Chennai
The first bench, comprising Justice AP Sahi and Justice Subramonium Prasad, made this observation while setting aside a plea moved by a person who suffers from Loco Motor Disability to restrain the ESI Corporation from evicting him from the space allotted in the ESI Hospital, KK Nagar, for setting up a telephone booth in 1993.
As per the plea, he was served with a notice in 2004 asking him to vacate the premises in view of the ESI Hospital’s decision that the place would be allotted to a physically-handicapped person who has been insured under the ESI scheme.
The petitioner gave his representation stating that he is also a physically-handicapped person and there should not be any discrimination between physically-handicapped persons and that he should not be removed from the premises.
This led to a challenge in the High Court. Thereafter, a single judge dismissed the writ petition stating that the notice for eviction is in accordance with the law and in consonance with the guidelines of the corporation.
However, the first bench, while setting aside the appeal, held “The material on record also shows that the space occupied by the petitioner is required by the hospital for further construction. Since the petitioner is only a licensee, his licence can be terminated by issuing a proper notice.”
The 2003 circular shows the change in policy by the ESIC regarding the allotment of STD/ISD/PCO booth.
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