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Gaurav   08 December 2021

Eviction notice under ppe act 1971

Dear Sir, 

Nagar nigam Agra has leased out a land to Cantonment borad to build flats and sell them but since the area was not habitable that time no buyer showed interest, so they started renting out it to people to all govt and non govt people. 

The same was allotted to us 45 years back. Initially they did some maintenance and repairing and then stopped altogether. People living in this colony started to maintain their houses as well as colony parks, get its boundary done and also get the CCTV installed and kept a private security guard. Every one has spent lacks of rupees on their flats and maintenance of colony as whole.Cantonment kept on taking the rent ( as some licence fee) and also raised the rent whenever they felt like but provided no maintenance 

Now luring on the excellent condition of the colony, Suddenly they started sending the eviction notice under PPE act to all govt retired /widows people (but not to non-govt people) stating that since you are not in govt service you have to vacate your house.

Also the allotment letter issued to us contain no condition or eligibility that we have to evict upon retirement.

Is this legal for them to get the people evicted on basis of PPE act when no condition was mentioned during allotment and how can be there two laws different govt and non govt people

Regards

Gaurav

 

 



 2 Replies

Aryan Raj   08 January 2022

In response to your query,

The Public Premises (Eviction of Unauthorised Occupants) Act, 1958 was enacted to provide for a speedy machinery for the eviction of unauthorised occupants of public premises. Section 5 of the Act provides for taking possession of the public premises which are in unauthorised occupation of persons. 

If you have the documents which states that you are not an unauthorised occupant of the property then you can move to court for fomal legal proceedings and you can also claim recovery amounts for the money you spent on the properties. Otherwise the authorities are following the the right procedure by law by giving you advance notice for eviction as they have the right because thay have been collecting rent for all these years al well.

Regards,

Aryan Raj

gaurav khare   08 January 2022

Thank you Sir,

 

We have moved to court and hearing is being going on..

 

Thanks

Gaurav


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