Delhi High Court
Lt. Col Ar Harish & Anr vs Union Of India & Ors. on 16 May, 2016
Author: Hima Kohli
$~14. * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10192/2015
LT. COL AR HARISH & ANR ..... Petitioners
Through: Mr. Ajeet Pandey, Advocate with
petitioners in person.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Ms. Barkha Babbar, Advocate with
Ms. Dipanjali Tyagi, Advocate and Mr. Vihag
Snehal, SAO/QTR.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% 16.05.2016
1. Pursuant to the order dated 31.03.2016, learned counsel for the
petitioners states that the petitioner No.2 has accepted the alternate allotment
offered by the respondents and has shifted to the allotted house situated at
Sector 37, NOIDA.
2. As for the petitioner No.1, learned counsel for the respondents states
that though the petitioner No.1 had accepted the offer of accommodation
identified by the respondents at Vasant Kunj but subsequently, he had
written a letter to the respondents stating inter alia that he would be in a
position to shift only in the first week of June, 2016, which was rejected as
based on the earlier consent given by the petitioner No.1, the respondents
had already paid the rent of Rs.11,000/- to the landlord for the month of
May, 2016.
3. Counsel for the respondents states on instructions that after cancelling
the allotment of the premises at Vasant Kunj made in favour of the petitioner
No.1 on 29.04.2016, the same was circulated once again to other officers
and today is the date of allotment.
4. Counsel for the petitioners states on instructions from the petitioner
No.1 that his examinations for the LLB course, final year at the Choudhary
Charan Singh University were to be held in April, 2016 but a fresh schedule
has been circulated, whereunder the examinations are to be conducted on 4 th
and 6th June, 2016 and in view of the changed circumstances, the petitioner
No.1 had to express his inability to shift to the allotted accommodation in
the month of May, 2016. He states that the petitioner No.1 is still ready and
willing to shift to the same accommodation immediately after the
examinations get over and he shall hand over the vacant physical possession
of the premises under his occupation on or before 12.06.2016.
5. In view of the changed circumstances whereunder the respondents
have re-circulated the accommodation offered earlier to the petitioner, for
acceptance by other officers and having regard to the fact that the date of
allotment is today, it is directed that in the event the said premises is still
available for allotment at the end of the day, the same shall be allotted to the
petitioner on the condition that he will bear the rent paid by the Department
for the said accommodation for the month of May, 2016. However, the
respondents shall not levy any market rent in respect of the premises
currently under the occupation of the petitioner No.1, till 12.06.2016.
6. The present petition is disposed of. No orders as to costs.
HIMA KOHLI, J
SUNIL GAUR, J
MAY 16, 2016/rkb/mk
