B.D. Pahwa vs Union Of India (Uoi)
2002 Latest Caselaw 1713 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties. Writ petitions are taken up for disposal.

2. By this common order, I would be disposing of CW. No. 6071/2002 and CW. No. 6072/2002 both titled Sh. B.D. Pahwa v. Union of India.

3. Petitioner has filed these writ petitions, claiming that the respondent/L&DO, is seeking to dispossess the petitioner from the plots in question, on the basis of notices dated 6.9.2002, which were served on the him on 11.9.2002, without waiting for the expiry of 15 days period, as provided for, in the lease deed. Learned counsel for the petitioner places reliance on Clause (xii) of the lease deed, which is as under :-

"(xii) if during the period of the lease the premises are required for a public purpose or for any administrative purpose by the Lesser the Lesser shall at the expiry of a notice of fifteen days to the effect that the said premises are required for such purpose to be served upon the lessee by an officer appointed by the Lesser in this behalf, be at liberty to take possession of the land together with all buildings, structures and appurtenances ....."

4. Petitioner's case is that notices dated 6.9.2002, were mailed on 9.9.2002 and had been received on 11.9.2002. Hence 15 days would expire on 26.9.2002. Without going into the merit of the controversy, petitioner is entitled to relief that he be not dis-possessed prior to expiry of notice period.

Advance copy of the petition had been served on the Union of India. Mr. San-jay Jain, Central Government, standing counsel, who happens to be present in Court, has been asked to accept notice.

5. Let the petitioner file reply to the notices issued to him on or before 26.9.2002. Learned counsel for the petitioner states that in similar matter Hon'ble Mr. Justice S.K. Kaul has fixed 30.9.2002-as the date on which the said petitioner will be heard by the L&DO and a reasoned order would be passed. It may be noted that the land in question sought to be required for road widening, improvement and strengthening of Sat Guru Ram Singh Marg (Rama Road) from Patel Road crossing to Kirti Nagar Police Station.

Let the respondent/L&DO also grant a hearing to the petitioner on 30.9.2002 and pass speaking orders. Till 30.9.2002, petitioner will not be dis-possessed from the property bearing Building Nos. 3/5 and 3/6, Industrial Area, Kirti Nagar, New Delhi. It is made clear that the benefit of this order shall not ensure to the petitioner in case he fails to appear before the authorities on 30.9.2002.

The writ petitions stand disposed of in the above terms.

A copy of the order be given dusty to counsel for the parties under the signatures of the Court Master.