Smt. Chanchal Devi Kapoor vs New Delhi Municipal Committee
2002 Latest Caselaw 1148 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. Petitioner has impugned the order dated 13.8.1980 of the Administrator and of proceedings emanating there from under the Public Premises (Eviction of Unauthorised Occupant) Act, 1971 (hereinafter called the said Act) in respect of shop no.34, Lok Nayak Bhawan, New Delhi which is in occupation of the petitioner. The proceedings against the petitioner originated since the petitioner failed to pay dues for the occupation of the shop.

2. The petitioner has raised a issue in the writ petition that the Estate manager was not competent to file eviction petition since there was no previous sanction of the State Government. In the counter affidavit filed by the respondents, the orders of the Division Bench of this Court in CWP 916/81 had been referred to which related to adjacent shop holding that this aspect could not have been gone into in proceedings under the said Act. It was held that the validity of the cancellation of license has to be determined in some other proceedings and that Estate Officer had to proceed on the basis that license has been properly cancelled.

3. Petitioner has failed to challenge the cancellation of the license in any other proceedings and the point sought to be urged by the petitioner in the present petition is no more res integra in view of the judgment of the DB in CWP No.916/81 which relates to adjacent shop.