T D TYAGI Vs. CHAIRMAN NDMC

JUDGEMENT

(1.) Rule.

(2.) Petitioner, who was working as a Deputy Director (Education) with the NCT of Delhi, was sent on deputation as Joint Director (Education), NDMC, on 7th of October, 1994. In pursuance of her posting with the NDMC, Petitioner was allotted flat No. 15(V), Satya Sadan, Chanakayapuri, New Delhi on 21st of August, 1995. One of the terms of allotment was that petitioner would vacate the said flat within seven days of her repatriation to the parent department. It is not is dispute that petitioner has been repatriated with effect from 31st of July, 1997.

(3.) Petitioner did not vacate the flat allotted to her. However, this was not acceded to. She sought extension and desired to retain the flat under Inter-pool ex- change of government accommodation. The Estate Department of the NCT also requested the NDMC, vide letter of 23rd July, 1998, to allow the petitioner to retain the flat and stated that a flat, in lieu of the one retained, would be made available as and when the vacancy arises. Notices were issued and proceedings under Sections 5 & 7 of the Public Premises (Eviction of Unauthorised Occupants) Act were initiated against the petitioner. Demand for payment of market rate of rent was also raised. Vide order dated 28th of January, 1998, petitioner was directed to vacate the flat in question. .