Suneja Towers Pvt. Ltd. And Anr. vs Delhi Development Authority And ...
2003 Latest Caselaw 1015 Del

Citation : 2003 Latest Caselaw 1015 Del
Judgement Date : 15 September, 2003

Delhi High Court

Suneja Towers Pvt. Ltd. And Anr. vs Delhi Development Authority And ... on 15 September, 2003

Equivalent citations: 2004 (72) DRJ 685

Author: S K Kaul

Bench: S K Kaul

JUDGMENT

Sanjay Kishan Kaul, J.

1. The present writ petition has been filed by the petitioner aggrieved by the action taken in respect of plot No. 7, District Centre, Janak Puri, New Delhi by the respondents.

2. The first relief is in respect of the notice dated 12.2.1998 determining the lease in favor of the petitioner. It is not disputed that the petitioner has already filed a civil suit in respect of this relief and, thus, the present remedy is not available to the petitioner.

3. The other reliefs claimed for by the petitioner are as a consequence of the Estate Officer, respondent No. 2, taking proceedings under the Public Premises (Eviction of Unauthorised Occupants Act), 1971 (hereinafter to be referred to as, 'the said Act'). It is not disputed that a lease deed was executed in favor of the petitioner, which has been subsequently terminated.

4. Learned senior counsel for the petitioner placed strong reliance in the judgment of the Supreme Court in Express Newspapers Pvt. Ltd. and Ors. v. Union of India and Ors., , wherein it has been held that the proper recourse available to the perpetual Lesser in such a case would be by filing a civil suit for possession and not by taking recourse to the summary proceedings under the said Act.

5. I find force in the contention of learned senior counsel for the petitioner and, in fact, the matter is no more res integra in view of the judgment of the Supreme Court in Express Newspapers Pvt. Ltd. (supra).

6. In view of the aforesaid, the notice issued by respondent No. 2 under the said Act is hereby quashed leaving it open to respondent No. 1 to take recourse in accordance with law against the petitioner in pursuance to the order cancelling the lease in favor of the petitioner.

7. The writ petition is disposed of in the aforesaid terms leaving the parties to bear their own, costs.

CMs 919 & 3694/2001

No further orders are called for in these applications in view of the disposal of the writ petition.

Applications stands disposed of.