WELFARE EX-SERVICEMEN

Sir,

1. I retired in 1998. But I am home less and live in a dilapidated rented house though I have a house at 14A Santoshpur Avenue, PS-East Jadavpur, Kolkata-75. I need help to restore my house from the clutches of tenants. All legal orders are complete and are in my favour. My case in brief is as under: -

(a) I applied to evict tenants in 97, one year before my retirement. The Summary trial procedure of Section 29B of West Bengal Premises Tenancy Act 1956 was enacted with embargo and riders to reduce the life of litigation to 6 months in respect of Services Personnel and their dependents.

(b) The Rent Controller Calcutta took 7 years to pass a decree of Eviction on 04 Jun 04 directing all tenants to vacate the house with in 6 weeks. Tenants appealed in High Court Calcutta, which dismissed tenants appeal. Even then tenants did not vacate. The next procedure as per law was Execution of the eviction order.

(c) Unfortunately, the office of the Rent Controller remained closed from Aug 04 to Sep 07. We applied for execution on 03 Oct 07. The Rent Controller took two years to issue notice to two tenants to give delivery of Khas possession by 22 Jan 10 and another two tenants by 15 Mar 10. No tenants paid any heed.

(d) Rent Controller Calcutta, not being a Magistrate has referred all cases to DM south 24 Parganas, in terms of Rule 11A (4) (b) of Section 29B of WBPT Act 1956, to enforce the delivery of possession to us with in one month. I handed over those letters to DM on 05 Apr 10. Inspite of repeated liaison with DM and ADM (Rev) nothing has happened though two and a half months already gone.

(e) The time expiration was brought to the notice of DM in writing on 05 May 2010. The files have now been sent to Government Pleader for his opinion.

(f) As per para 45 of the new Rent Control Act of 1997 of West Bengal, all suits and proceedings pending under the old act shall be continued and disposed off in accordance with the provisions of the old Act as if the said act had continued in force and the New Act of 1997 has not been passed. It is necessary to mention that the new Act of 1997 has come into effect from 10 July 2001 where as this case had been going on since 1997.

2. In view of the above please let me know :-

1) if a District Magistrate is bound to follow the time stipulation laid by the court of the Rent Controller Kolkata.

2)Can a DM get a court order verified before implementing the order? Even if he can is he not suppose to do it before the expiration of the time laid down by the court?(In this case instead of one month, more than two and half months gone).

3. what action needs to be initiated against the DM of South 24 Parganas for not obeying the order of the court of the rent controller.

Thanking you,

Yours faithfully

Place: Kolkata -47

Date: 25 Jun 10 NC Bakshi