Allahabad High Court
Indra Sen Verma And Others (In Wria ... vs State Of U.P. Thru. Prin. Secy. ... on 6 May, 2022
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 187 of 2022
Appellant :- Indra Sen Verma And Others (In Wria 1882 Of 2022)
Respondent :- State Of U.P. Thru. Prin. Secy. (Energy) Lko. And Others
Counsel for Appellant :- Mohiuddin Khan,Arun Kumar,Pramod Kumar Singh
Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Puneet Chandra
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
Heard learned Counsel for the appellants, learned State Counsel, Sri Atul Kumar Dwivedi, learned Counsel representing National Thermal Power Corporation Tanda, District Ambedkar Nagar and Sri Mohit Chandra learned Advocate holding brief of Sri Puneet Chandra, learned Counsel for respondent no. 2- Uttar Pradesh Rajya Vidhyut Utpadan Nigam Ltd.
By means of this intra-court appeal challenge has been sought to be made to a judgment and order dated 04.04.2022, whereby the writ petition filed by the appellant-petitioner namely Writ A No. 1882 of 2022, has been dismissed by learned Single Judge.
We may note that the said Writ A No. 1822 of 2022 was filed, challenging the order dated 14.03.2022 passed by the DGM (HR) National Thermal Power Corporation Tanda, District Ambedkar Nagar, whereby the prayer made by the appellants for retaining the present residential accommodations, was rejected and simultaneously, alternative accommodations have also been allotted, which are mentioned in the order dated 14.03.2022. The said order dated 14.03.2022 was passed by the DGM (HR) National Thermal Power Corporation Tanda, District Ambedkar Nagar, in compliance of an order dated 05.03.2022 passed by this Court in Writ A No. 1213 of 2022, whereby the Court had directed that appropriate authority of DGM (HR) National Thermal Power Corporation Tanda, District Ambedkar Nagar, shall look into the grievances of the appellants and take an appropriate decision.
Learned Single Judge while dismissing the writ petition by means of order under appeal, dated 04.04.2022 has observed that the order dated 14.03.2022 passed by the DGM (HR) National Thermal Power Corporation Tanda, District Ambedkar Nagar, clearly provides alternative accommodations to the appellants. Learned Single Judge has also given a finding that so far as alleged vacant accommodations suggested by the appellants are concerned, they have already been allotted and two such houses were under maintenance.
As a matter of fact, what we notice from a perusal of the order dated 14.03.2022 is that not it is that the appellants have been singled out and have been asked to vacate the accommodations rather vacation of official accommodation has been necessitated on account of the fact that as many as 608 houses being in dilapidated condition are to be demolished for paying the way for construction of new houses.
Such a general decision taken in the interest of the organization, in our considered opinion, cannot be faulted with. Moreover, the appellants were given notice to vacate the house way back in the month of January 2022 and they have been unnecessarily litigating the issue.
National Thermal Power Corporation Tanda, District Ambedkar Nagar is one of the major Thermal Power Projects of the Corporation and need of the organization can be better assessed by those at the helm of affairs of the organization. No one has indefeasible right to retain official accommodation, especially in such a situation where the houses are in dilapidated condition and hence they are to be demolished. In case, the appellants are allowed to retain the accommodations, it shall be at the risk of their life and property, which cannot be permitted.
We, thus, do not see any reason to interfere in the order dated 04.04.2022 passed by learned Single Judge in Writ A No. 1882 of 2022.
The Special Appeal being devoid of merit, is hereby dismissed.
At this juncture, learned Counsel for the appellants submits that wards of some of the appellants are appearing in High School/Intermediate examination which are to conclude on 24.05.2022 and as such the appellants may be permitted to retain their present accommodations till conclusion of the examination.
Learned Counsel for the appellants has presented before us an admit card of one Sri Shivang Soni, who is the son of appellant no. 2-Vijay Kumar and is appearing in Class Xth examination being conducted by Central Board of Secondary Education, Delhi. Regarding details of other appellants nothing has been brought on record.
Accordingly, bearing humanitarian considerations in mind, we only provide that appellant no. 4-Vijay Kumar shall be permitted to retain the present accommodation till 26.05.2022 and thereafter he shall handover the vacant possession of the accommodation to the officials of National Thermal Power Corporation Tanda, District Ambedkar Nagar by 30.05.2022 and in case, the appellant no. 4 fails to handover the vacant possession by the said date, it will be open to the National Thermal Power Corporation Tanda, District Ambedkar Nagar, to take possession of the house in question with the help of the Police authorities, if it is so required. Regarding rest of the appellants, we only provide that if they present proof of their wards appearing in the Board Examination, they shall also be allowed to retain the house till conclusion of the examination and thereafter they shall handover the vacant peaceful possession of the accommodation to the National Thermal Power Corporation Tanda, District Ambedkar Nagar, within three days from the date of conclusion of the examination, failing which, it will be open to the National Thermal Power Corporation, to take vacant possession of the accommodation forcibly with the help of the Police Authorities.
We make it clear that in case, none of the wards of the appellant nos. 1, 2 and 3, are appearing in Board Examination, they shall handover the peaceful vacant possession of the accommodation to the officials of the NTPC by 10.05.2022, failing which it shall be open for the officials of National Thermal Power Corporation Tanda, District Ambedkar Nagar, to take forcibly possession with the help of Police.
We further provide that, during the period, the appellants are permitted to retain possession of the present accommodation, they shall be provided electricity and in case, electricity has been disconnected, the same shall be provided by taking temporary measures.
Any breach of any of the terms of this order shall also be treated to be Contempt of this Court.
Order Date :- 6.5.2022
Jyoti/-
