TATA CONSULTING ENGINEERS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE third respondent is the owner of premises bearing Nos. 23-24, S.B.I. Senior Officers' Colony, Koramangala, III Block, Bangalore. THE first petitioner is the tenant in respect of the first floor of the said premises having taken it on lease from the third respondent. For convenience the third respondent and first petitioner will (hereinafter be referred to as the "owner" and the "tenant"). THE second petitioner is an employee of the first petitioner who is in occupation of the said first floor portion (hereinafter referred to as the "tenanted portion"). According to the tenant, the lease was originally for a period of four years from May 10, 1985, and by mutual consent, it has been extended up to May 10, 1994.

(2.) THE owner entered into an agreement dated January 21, 1993, with one Mr. Krishna Kapila agreeing to sell the entire property for a consideration of Rs. 26,50,000 and received Rs. 6,50,000 as advance. THE agreement provided that the owner shall the property free from all encumbrances, lines, attachments, charges of claims and shall deliver vacant possession of the entire property to the purchaser, at the time of registration of the sale deed, against payment of the balance sale price.

(3.) THE appropriate authority passed an order of purchase in favour of the Central Government (first respondent) on March 29, 1993, under section 269UD(1) of the Act (annexure "A"). THE said order recites that notices were issued to the transferee and to the tenant; that a reply dated March 18, 1993, was received from the tenant on March 19, 1993; that under clause 5 of the agreement, the owner had undertaken to deliver vacant possession of the property at the time of registration of sale which was to take place on or before April 30, 1993; and that, consequently, in accordance with the provisions of section 269UE(2), the transferor or any other person who is in possession of the property should surrender and deliver possession of the property to the appropriate authority. A copy of the said order and the notice dated March 29, 1993, under section 269UE(2) of the Act, calling upon the tenant to surrender and deliver vacant possession of the tenanted portion to the appropriate authority within 15 days from the date of the order, were served on the tenant. Feeling aggrieved by the said order of compulsory purchase under section 269UD(1) in so far as it directs them to deliver vacant possession of the tenanted portion and the notice under section 269UE(2) calling upon them to vacate and deliver vacant possession thereof, the tenant has filed this writ petition.