Pp act
sheela
(Querist) 07 November 2012
This query is : Resolved
My father retired from govt. service 2 years ago. We had a govt.quarter. An order was issued by govt in 2001 for charging license fee at higher rate from 1991 to 2001 for this quarter. My father or his office never received any communication about this. The deptt. filed a rent recovery case under PP Act last year and estate officer has passed a recovery order. I see from section 14 of PP Act that if a person refuses to pay, the Estate officer would issue a certificate to DC for its recovery as arrears of land revenue. What does it mean. Would DC give us hearing as EO just did not hear us fairly and was in a hurry to pass order.
Ms.Nirmala P.Rao
(Expert) 08 November 2012
Dear Client,
Under the Public Premises Eviction Act, since your father was not an unauthorized occupant, if the license fee is hiked at exorbitant rates without giving show cause notice and fair hearing to your father, it is violation of principles of natural justice and also the provision of PP Act. Hence you can challenge the unreasonable and exorbitant license fee imposed on your father by Estate Officer, through a Writ of Mandamus in the High Court EITHER TO ALTOGETHER QUASH THE PROCEEDING OF THE estate officer ON THE above3 grounds or to give a FAIR HEARING and CONSIDER YOUR CASE AND THEN PASS ANY FURTHER appropriate ORDERS
Ms.Nirmala P.Rao
Legal Expert
sheela
(Querist) 08 November 2012
Thanks for your prompt reply Madam. I may clarify the case was filed u/s 7(1) of central PP Act which does not require a person to be unauthorized occupant. The license fee was enhanced by the central govt where my father was employed. He did not pay it as he came to know of it only when he retired and applied for NOC. My father refused to pay and govt filed a case before EO. The PP Act provides for recovery by DC if my father does not pay the amount ordered to be paid by EO in the recovery order. What I want to know Madam, is what does "recovery as arrears of land revenue" actually mean; whether DC would hear us or proceed to recover.
Ms.Nirmala P.Rao
(Expert) 08 November 2012
Derar Client,
It means after issue of due show cause notice and fair hearing of your father, if your father STILL doesn't pay the license fee, they've a right under Public Premises Eviction Act either to attach and sell your father's property both movable and immovable to satisfy the amount due towards license fee AND IN DEFAULT OF RECOVERING THE SAID AMOUNT BY SUCH PROCEDURE WHICH THEY MAY PUT YOUR FATHER BEHIND BARS FOR 6 MONTHS TO TWO YEARS.
Ms.Nirmala P.Rao
Legal Expert
sheela
(Querist) 08 November 2012
Spiteful words. I envy you derive pleasure from them. As they say:
You can kill a man with those words.
No gun.
No bullets.
Just words and a girl.
All the same, lots of thanks for your kind advice.
Ms.Nirmala P.Rao
(Expert) 09 November 2012
Dear Ms.Sheela,
Anyway, they can't hike the lenience fee with retrospective effect to your father's detriment.Your father has a right to a fair hearing and get NOC from his employers. In case they still issue proceedings to your father, he can get the Estate Officer proceedings quashed in High Court by filing both Writs of Mandamus and certiorari on the above grounds. But6 under the rules your father may be required to pay some reasonable rent towards the occupation OF THE QUARTERS UNLESS THEY ARE ABSOLUTELY FREE.
Ms.Nirmala P.Rao
Legal Expert
sheela
(Querist) 10 November 2012
Thanks. God bless you.
