Allahabad High Court issues notice to unauthorised residents living in Nagar Nigam quarters

The Allahabad High Court has issued notice to the people living in Nagar Nigam residential quarters on the campus of Haiza Hospital located in Allapur unofficially and ordered their removal within 30 days.

A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Bhaiya Ram.

In compliance of earlier order of the Court, Arun Kumar, counsel for the respondent Nagar Nigam has filed personal /compliance affidavit of the Municipal Commissioner annexing therewith list of allotment made in respect of various persons totaling to 113 people.

From the perusal of the list, the compliance/ personal affidavit, it transpires that members of the same family have come to be allotted quarters and that shows that principles of rule of law have not been followed, the Court observed.

The Court noted that,

Municipal Commissioner is directed to hold a fact finding enquiry as to how different quarters have come to be allotted in respect of the same family members .

A list of 21 unauthorized occupants of Nagar Nigam residential quarters on the campus of Haiza Hospital, has been filed.

Counsel for the respondent also states that several information in the past regarding unauthorized occupants have been served through notice, however, their eviction could not be ensured till date.

‘In view of the above, the Municipal Commissioner is directed to get the notice already issued to the unauthorized occupants enforced as expeditiously as possible preferably within a period of thirty days.

Thus, the Municipal Commissioner shall also ensure that unauthorized occupants residing in 21 quarters on Haiza Hospital compound do vacate the quarters in accordance with law and if necessary police force be demanded from the Senior Superintendent of Police Prayagraj. The Senior Superintendent of Police is directed to make available requisite police force, if demanded’, the Court ordered.

The Court said that the question of consideration of fresh allotment will be considered only after unauthorized occupants vacate the premises in question upon which they are residing without there being any valid allotment made in their favour by the Nagar Nigam. The Municipal Commissioner, shall file affidavit annexing therewith enquiry report as directed hereinabove, which is to be completed within a period of thirty days and also report regarding removal of unauthorized occupants of the quarters to the Nagar Nigam by the next date fixed.

The Court has fixed the next hearing of the petition on May 26, 2022.