High Court of DelhiW.P.(C)/4181/2017

Vikram Singh v. Union Of India And ORS

2024-07-10Hon'Ble Mr. Justice Rajiv Shakdher3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4181/2017 VIKRAM SINGH .....Petitioner Through:

Mr. Pardeep Dahiya, Adv.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Ripu Daman Bhardwaj, CGSC with Mr. Bhanu Pratap Singh and Mr. Keshor Singh Mehlawat, Advs. with Mr. Rajesh Kumar 2IC/Law, CRPF.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 07.08.2024 CM APPL. 43695/2024 -Correction by Petr.

1. This is an application filed by the petitioner seeking correction of typographical errors in paragraph nos. 1, 2 & 8 of the order dated 10.07.2024.

2. Issue notice. Learned counsel for the respondents accepts notice and does not dispute the aforesaid position.

3. Having perused the record, we allow the application by directing that paragraph nos. 1, 2 & 8, respectively, of the order dated 10.07.2024 will now read as under:

"1. The present writ petition under Article 226 of the Constitution of India filed by an Ex-Deputy Commandant of the Central Reserve Police Force (CRPF) seeks to assail the eviction notices dated 10.08.2015 and 12.08.2016 along with the order dated 13.01.2017 vide The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which penal market rent was imposed on him for overstaying from 01.08.2015 to 31.10.2016 in the quarter allotted to him in Dwarka, Delhi."

"2. It is the case of the petitioner that while working as an Assistant Commandant, he remained posted in Jammu & Kashmir, NES, Left Wing Extremist (LWE) affected areas w.e.f. 01.09.2007 to 20.10.2011. Consequently, while serving with the 125th Battalion, CRPF, J&K, he was on 29.03.2010 allotted a government accommodation, being quarter no. 225, Special Type-I, Jyoti Kunj, CRPF Residential Complex, Sector-16B, Dwarka, New Delhi for a period of three years. As per the ̳Guidelines for Allotment and Occupation of Family Quarters in Central Reserve Police Force' (hereinafter the ̳Guidelines'), the Estate Officer has the power to extend the allotment for a further period of three years to CRPF officials, who are posted in areas of insurgency, naxalite areas and J&K.

Accordingly, upon applications being moved by the petitioner before the Estate Officercum- Deputy Inspector General, CRPF, New Delhi, the period of allotment was extended from time to time. However, despite there being no extension w.e.f. 01.08.2015 and being served with the eviction notice dated 10.08.2015, the petitioner continued to occupy the quarter and sought voluntary retirement from service on 31.10.2016."

"8. For the aforesaid reasons, we quash the impugned orders to the aforesaid extent that directed the respondents to refund the amount of market penal rent levied on the petitioner for the period between 16.02.2016 to 31.10.2016. The respondents, accordingly, will within six weeks refund to the petitioner the amount in terms of this order. In case, this amount is not refunded within six weeks, the same will bear interest @ 8% per annum." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4. The application stands disposed of.

REKHA PALLI, J SHALINDER KAUR, J AUGUST 7, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.