WIRE NETTING STORES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) -This is a petition under Article 32 of the Constitution by Messrs. Wire-Netting Stores, a partnership firm, through one of its partners and also by the same partner in his own name. It is directed against the Delhi Development Authority, the Delhi Administration, the Delhi Municipal Corporation and certain officers of the Delhi Development Authority and the Delhi Administration. The petitioners ask for a writ of mandamus or any other writ or order restraining the respondents from dispossessing the petitioners of Khasra No. 257/287 (1523.5 sq. yards) Municipal No. 2330-72 at Bela Estate, Bela Road, Delhi and for restoration of immovable and movable property and goods belonging to the petitioners. The facts are these:

(2.) The Delhi Development Authority is a statutory authority constituted under Act 61 of 1957 and has taken over properties, rights and liabilities of the Delhi Improvement Trust. The Delhi Municipal Corporation is the successor of the Delhi Municipal Committee under Act 66 of 1957. The plotin Question has changed hands in the past. The petitioners have given one version of the changes and the Delhi Development Authority another. Nothing such turns upon it and we shall advert to these changes later. On or about the time, the events which have led to this petition took place, the plot was in the possession of the petitioners who had put up a factory for the manufacture of wire-nettings. The factory was working till 10/12/1967 when the Delhi Development Authority began to evict the petitioners from the premises in their occupation. The Delhi Development Authority purported to have acted in this manner because, according to it, it had cancelled the lease from 31/07/1963. The allegation in the petition is that without any notice to the petitioners and without affording them any opportunity of being heard, as was required bysection4ofthepublicpremises (Eviction of Unauthorised Occupants) Act, 1958, the action has been taken most highhandedly. According to the petitioners the respondents entered into the premises of the factory, demolished the factory and removed the machinery and other goods in trucks. The petitioners protested but no protest was heard. The petitioners were helpless as the 10th of December, 1967 was a Sunday and no stay order or injunction from court could be obtained. The petitioners subsequently filed a suit and obtained temporary injunction till 26/12/1967. The petitioner also filed a writ petition under Article 226 of the Constitution in the Delhi High court but withdrew it and moved this court. The petitioners, therefore, seek relief as described above. The respondents filed a number of affidavits. According to them the history of this plot is thus : In 1929 a 20 years' lease was granted to one Amba Prasad and it was to expire on 31/03/1949. Amba Prasad sold his leasehold rights to Jyoti Prasad by a registered deed dated 4/03/1941. In 1949 it was found that this land was actually in occupation of M/s Wire-Netting Stores and the Authority decided not to renew the lease. They were contemplating grant of a temporary monthly lease to the Wire-Netting Stores who also paid Rs. 5,180. 75 as damages. Jyoti Prased filed a suit to restrain the authorities from giving the monthly lease to the Wire-Netting Stores. The suit was later dismissed. A lease on monthly basis was then given to Wire-Netting Stores at Rs. 10. 00 per 100 sq. yards. Although no lease deed appears to have been executed a model lease form has been produced and it shows that the Authority was to reserve right to terminate the lease on one month's notice and that no fresh construction was to be made by the lessee. The letter of allotment is dated 7/05/1954 [no. l/12 (28) /54]. Admittedly the Wire-Netting Stores paid the rent till 31/7/1963.

(3.) On 29/01/1963 the Delhi Development Authority passed a resolution (No. 37) by which it decided to evict all persons from the Bela Estate Area since that area was shown in the Green Belt in the Master Plan. The Delhi Development Authority claims that it had terminated the lease by a notice dated 12/04/1963 from 31/07/1963. It also appears that rent was also realised from the Wire-Netting Stores till 31/07/1963 and a notice was given on 23/09/1965 to the Stores assessing damages amounting to Rs. 2,083.80 which were damanded from the Stores under Section 7 (2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958. The notice also called upon the Stores to show cause' on or before 17/11/1965 why an order requiring them to pay the said damages should not be made. On 10/12/1967 the Delhi Development Authority through its officers went to the premises and took possession of the same. A squad then demolished the factory of the petitioners and carried away a part of the machinery and other equipment in trucks. It may be pointed out that the Stores had a licence under the Factories Act and the factory also had the sanctionfrom the Health Department of the Delhi Municipal Committee and a connection for electricity. The Stores had also applied for a regular lease and deposited Rs. 181. 00 vide receipt No. 5142 8/05/1954 with the Delhi Improvement Trust. No regular deed, however, was executed, nor was any regular lease given to them.