Inter University Accelerator Centre v. The Commissioner Of Police

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2916/2024 INTER UNIVERSITY ACCELERATOR CENTRE ..... Petitioner Through:

Mr. Anupam Dwivedi and Mr. Pawan Kumar Shukla, Advocates.

versus THE COMMISSIONER OF POLICE ..... Respondent Through:

Mr.

Divyam Nandrajog, Panel Counsel with Ms. Surbhi Soni, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 27.02.2024 CM APPL. 12034/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 2916/2024 1.

The Petitioner has filed the present petition, inter alia, praying that appropriate directions be issued to Respondent No.1 to provide necessary police assistance to the Petitioner for eviction of the unauthorized occupant (Respondent No.2) from the public premises bearing House No.Sumeru III/1, IUAC Residential Campus, Aruna Asaf Ali Marg, New Delhi. 2.

The present petition has been filed by the Petitioner/Inter-University Accelerator Centre through its Administrative Officer (Estate). It is stated that the Estate Officer has already passed the necessary Orders under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 for W.P.(C) 2916/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:31:12

evicting Respondent No.2 from the premises in question. However, despite Eviction Orders, Respondent No.2 has not vacated the premises in question. It is also stated that none of the Orders passed by the Estate Officer have been challenged and the same have become final. 3.

The learned Counsel appearing for the Petitioner has referred to Section 5(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and submits that the Petitioner is now entitled to use force to take possession of the public premises in question. He, however, states that the Petitioner is helpless in doing so since he has been provided no assistance by the police authorities.

4.

In view of the above, Respondent No.1 is directed to provide the necessary assistance to enforce Eviction Orders in accordance with law. 5.

The petition is disposed of with the aforesaid directions. Pending applications, if any, also disposed of.

SUBRAMONIUM PRASAD, J FEBRUARY 27, 2024 S. Zakir W.P.(C) 2916/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:31:12