Himachal HC Backs Shimla MC in Boileauganj Eviction Case
Rules Occupant Had No Legal Lease, Misused Public Land
Shimla, Aug 12 – The Himachal Pradesh High Court has upheld the eviction of a woman from a prime municipal property in Boileauganj, Shimla, ruling that she was in “unauthorised occupation” and had misused the land for commercial purposes.
A division bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma dismissed the appeal of Smt. Usha Sharma, who had challenged orders by the Collector (Feb 21, 2023) and the Divisional Commissioner (June 5, 2023) directing her eviction under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971.
Usha Sharma was represented by senior advocate Shrawan Dogra with advocates Arjun Lall, Tejasvi Dogra and Harsh Kalta.
The Municipal Corporation, Shimla, was represented by advocates Hamender Singh Chandel and Aashir Kaith, while Deputy Advocate General Priyanka Chauhan appeared for the State.
From cattle shelter to commercial hub
The property, known as “Pashu Padav,” was originally leased in 1952 to Sharma’s father-in-law for a year to serve as a cattle shelter.
The lease expired in 1953, but the family continued to occupy it without any fresh agreement.
Over the years, officials alleged, the use expanded to include a nursery, a shop, and residential quarters, in violation of the original lease purpose.
PIL-triggered action
Following a 2019 public interest litigation directing authorities to act against misuse of municipal land, the Shimla MC inspected the premises and found four unauthorised structures and adjoining encroachments.
Notices were issued under the Public Premises Act, and the Collector eventually ordered eviction, terming the occupation illegal.
Petitioner cites Rent Act
Sharma argued she was a long-standing tenant protected under the Himachal Pradesh Urban Rent Control Act, 1987, and that the MC acted out of malice. She claimed the premises did not fall under the Public Premises Act.
But the court rejected these arguments, holding that municipal land qualifies as “public premises,” making the Rent Act inapplicable.
It noted there was no registered lease in Sharma’s name, only “use and occupation” charges had been paid, and the purpose of the lease had been violated.
All interim relief scrapped
With the appeal dismissed, all previous interim orders in Sharma’s favour stand vacated, paving the way for the Shimla MC to take possession and use the land.
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