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Uttarakhand High Court · body

2016 DIGILAW 688 (UTT)

Chandra Prakash v. State of Uttarakhand

2016-10-03

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Joseph, J. 1. In both these matters, the issue raised relates to the correctness of the judgment of the learned Single Judge dismissing the writ petitions filed by the appellants, in which writ petitions, appellants had called in question the proceeding for eviction of the appellants from the premises, which admittedly belongs to the Municipal Corporation. 2. Today, when the matter came up, learned counsel appearing on behalf of the appellants Mr. Neeraj Garg would submit that the appellants are prepared to pay rent at the rate of Rs. 2,000/- per month if they are given time to vacate the premises till 30.10.2017; they will not alter, or demolish or cause any other damage to the structure and will not create any third party interest. 3. Learned counsel appearing on behalf of the Municipal Corporation Mr. Parikshit Saini would submit that the Municipal Corporation is agreeable to the said proposal. 4. We also heard Mr. H.M. Bhatia, learned brief holder for the State. 5. Regarding the amount due as rent to be paid for the previous period, it is agreed that the matter can be left open for the parties to work out their remedies. 6. In such circumstances, we record the said submission and dispose of the appeals as follows: On condition that the appellants will pay rent at the rate of Rs. 2,000/- per month, appellants are given time till 31.10.2017 to vacate the premises and to handover peaceful possession of the premises to the Municipal Corporation. It is subject to the further condition that the appellants will not alter, or damage in any manner the premises and further that they will not create any third party interest in regard to the premises. It is subject to the further condition that the appellants, within 15 days from today, will file a written undertaking in this Court embodying the terms as aforesaid. Regarding the question of rent for the period prior to the point of time when the terms of this judgment will operate, we leave it open to the parties to work out their remedies. It is made clear that the appellants will pay rent of Rs. 2,000/- on or before 10th day of each succeeding month.