Delhi High Court
North Delhi Municipal ... vs Indu Mittal & Ors on 7 January, 2020
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.01.2020
+ RC.REV. 31/2017 & CM APPL. 2835/2017, 2836/2017,
2838/2017 & CM APPL. 29422/2017
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
versus
INDU MITTAL & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Mini Pushkarna, Standing Counsel, North
DMC with Ms. Khushboo Nahar, Ms. Swagata
Bhuyan, Ms. Latika Malhotra, Advocates Mr.
Bihari Shah, School Inspector, City SP Zone, North
NDMC.
For the Respondent: Mr. Vivek Sood, Sr. Advocate with Mr. Sunil
Mittal, Advocates
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 18.07.2016 whereby eviction
petition filed by the respondent was allowed and an eviction order
passed.
2. Subject eviction petition was filed by the respondent seeking
eviction of the petitioner on the ground of bonafide necessity under
Section 14(1) (e) of the Delhi Rent Control Act, 1958, from ground
floor and mezzanine floor of property bearing No. 1758, Gali Kuan
Wali, Rang Mahal, S.P. Mukherjee Marg, Delhi, more particularly as
shown in red colour in the site plan annexed with the eviction petition.
3. By order dated 18.07.2016, after trial, eviction petition was
allowed and the eviction order was passed.
4. Learned counsel for the petitioner submits that the Municipal
Corporation is running a school in the subject property and she has
instructions to state that the petitioner is willing to give up their rights
in the subject property and undertake to vacate and handover peaceful
vacant possession of the tenanted premises provided time is granted to
vacate on or before 31.05.2020.
5. Learned counsel further submits that the said statement has
already been approved by the competent authority i.e. Commissioner
of North Delhi Municipal Corporation.
6. Accordingly, Ms. Mini Pushkarna, Standing Counsel seeks
leave to withdraw the present eviction petition.
7. Ms. Mini Pushkarna, Standing Counsel undertakes on behalf of
the petitioner-North DMC that petitioner shall vacate and hand over
peaceful vacant possession of the tenanted premises on or before
31.05.2020.
8. She further undertakes that petitioner shall clear all water,
electricity and other dues/charges, if any, in respect of the tenanted
premises before the petitioner vacates the premises on or before
31.05.2020.
9. She further undertakes that petitioner shall not sublet, assign or
part with the possession of the tenanted premises or any part thereof.
She further undertakes that petitioner shall not cause any damage to
the property and shall hand over the peaceful vacant possession of the
tenanted premises to the respondent in a condition as existing today,
subject to normal wear and tear.
10. The under taking is accepted.
11. Learned counsel appearing for the respondent submits that the
undertaking is acceptable to the respondents.
12. In view of the above, the Petition is dismissed as withdrawn.
13. Subject to petitioner filing an affidavit of undertaking in the
above terms, within a period of two weeks, execution of the impugned
order dated 18.07.2016 shall remain stayed till 31.05.2020.
14. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JANUARY 07, 2020
'rs'
