UNION OF INDIA versus RESHMA YADAV AND ORS.

UNION OF INDIA versus RESHMA YADAV AND ORS.

Respondents' liability to pay arrears of rent/damages arises from willful violation of Supreme Court's directions, not from proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act; accordingly, respondents are directed to pay arrears as per chart within two months, failing which coercive recovery and interest at 6% per annum apply.

Parties
Applicant: Union of India; Respondents: Reshma Yadav and others
Jurisdiction
India
Judgment Date
12 October 2006
Procedural Posture
I.a. No. 54 in Contempt Petition (c) No. 158/1998; Writ Petition (civil) No. 585 of 1994 / Disposal of Interlocutory Application
Outcome
I.A. No. 54 allowed; respondents directed to pay arrears as per chart within two months; coercive recovery and interest at 6% per annum if amounts not paid within stipulated time; application disposed of.
Legal Topics
Damages for Unauthorized Occupation, Contempt of Court, Public Premises (eviction of Unauthorised Occupants) Act, 1971, Compensation and Arrears of Rent
Constitutional Law Property Law Contempt Damages for Unauthorized Occupation Contempt of Court Public Premises (eviction of Unauthorised Occupants) Act, 1971 Compensation and Arrears of Rent

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Parties

Union of India

Applicant

Reshma Yadav and others

Respondents

Procedural Posture

I.a. No. 54 in Contempt Petition (c) No. 158/1998; Writ Petition (civil) No. 585 of 1994 / Disposal of Interlocutory Application

Legal Issues

  1. 1 Liability to pay damages/compensation for unauthorized occupation of shops/stalls after court's order to vacate
  2. 2 Jurisdiction of Supreme Court vs. Estate Officer under Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Ratio Decidendi

Respondents' liability to pay arrears of rent/damages arises from willful violation of Supreme Court's directions, not from proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act; accordingly, respondents are directed to pay arrears as per chart within two months, failing which coercive recovery and interest at 6% per annum apply.

Court Disposition

I.A. No. 54 allowed; respondents directed to pay arrears as per chart within two months; coercive recovery and interest at 6% per annum if amounts not paid within stipulated time; application disposed of.

Orders

  • Respondents to pay arrears of rent/damages as per chart within two months from date of order.
  • Petitioner entitled to recover amounts via coercive procedures if not paid within stipulated time.