SCINDIA POTTERIES PRIVATE LIMITED Vs. PUROLATOR INDIA LIMITED

JUDGEMENT

(1.) This appeal conies to us under Clause X of the Letters Patent, as applicable to this court, from a judgment dated March 19, 1979 given by a learned Single Judge of this Court.

(2.) This is a case which illustrates how in a private dispute between the parties Government can get unnecessarily involved. The appellants before us are M/s Scindia Potteries Private Ltd. and its Managing Director. Shri A.S. Goraya while the respondents are the Union of India, The General Manager, Delhi Telephones and M/s Purolator India Ltd. M/s Scindia Potteries Private Ltd, owns about 30 acres of land in the area commonly known as Sarojini Nagar, New Delhi. This property of M/s Scindia Potteries Private Ltd. is known as the "Scindia Potteries Area". It is enclosed by a boundary wall. There are a number of sheds and buildings in the area. M/s Purolator India Ltd. are tenants in some of these buildings. In April, 1973 the Telegraph Authority under the Indian Telegraph Act, 1885 (hereinafter called the Act) placed telegraph lines and poles in and over the Scindia Potteries Area. Telephone connections were given to M/s Scindia Potteries Private Ltd. and M/s Purolator India Ltd. Two telephone connections were given to M/s Purolator India Ltd. in February, 1974 and three were given later some time after May, 1978. A teleprinter line was also connected to the premises in the occupation of M/s Purolator India Ltd. It seems there were some disputes between M/s Scindia Potteries Private Ltd. and M/s Purolator India Ltd. which has led to litigation between the two parties. It is alleged that premises had been rented to M/s Purolator India Ltd. for godowns but in violation of the terms of the lease and permitted land use in the Master Plan, M/s Purolator India Ltd. have shifted offices to the tenanted premises. It is also alleged that in consequence the Delhi Development Authority has given notice to M/s Scindia Potteries Private Ltd. to show cause why action should not be taken against it under Section 14 read with Section 29(2) of the Delhi Development Act. 1957 for permitting user of its buildings in contravention of the provisions of the Master Plan. On April 30, 1978 M/s Scindia Potteries Private Ltd. is said to have issued a notice to the Director-General, Posts and Telegraphs, New Delhi, the Secretary, Ministry of Telecommunication, New Delhi, the General Manager, Delhi Telephones and Divisional Engineer (Funds), Hauz Khas Exchange, New Delhi that M/s Purolator India Ltd. are getting telephone connections to perpetuate misuser by them of the premises in their possession, that such misuser is contrary to and in violation of the rights of M/s Scindia Potteries Private Ltd. and that the telephone connections should be removed forthwith failing which M/s Scindia Potteries Private Ltd. would have no option but to remove the same at the Government's cost, risk and responsibility. Another notice to the same effect is purported to have been issued by M/s Scindia Potteries Private Ltd. on August 31, 1978. On October 9, 1978 the appellants are said to have themselves disconnected or caused to be disconnected the telephone lines going to the premises of M/s Purolator India Ltd. The request of M/s purolator India Ltd. for restoration of these lines not having been acceeded to, they filed a petition in this court for issue of a writ of mandamus directing the relevant governmental authorities to restore the telephone connections of the five telephones and the teleprinter line. It was alleged that restoration was not being granted at the instance of the virtual owner and proprietor of M/s Scindia Potteries Private Ltd. who had personal influence over the former Central Minister of Communication. The name of the virtual owner and proprietor mentioned is Smt. Vijaya Raje Scincia while that of the Minister is mentioned as Shri Brij Lal Verma. It is also said that the Additional General Manager, Delhi Telephones told Mr.K.Sairam of M/s Purolator India Ltd. that they were helpless in the matter as they had directions not to restore the telephone connections and the teleprinter line.

(3.) In reply to the allegations of M/s Purolator India Ltd. an affidavit was filed by Major General A.S. Goraya, Managing Director of M/s Scindia Potteries Private Ltd. It was contended that M/s Purolator India Ltd. had unauthorisedly trespassed into Scindia Potteries Area but dispute between them was not denied. It was denied that Smt. Vijaya Raje Scindia had anything to do with the matter. It was pleaded that inasmuch as the telephone lines and poles adversely affected the interest of the appellant, the same were rightly disconnected and the remedy of M/s Purolator India Ltd. under the Act was to approach the District Magistrate instead of filing a writ petition. It was further pleaded that the telephone lines and poles were put up by the Telegraph Authority without the permission and consent of the appellant and so, could be asked to remove. Notice of removal was given but since it was not complied with, telephone lines were removed by the appellant. As far as the Government is concerned, its stand has been that it will abide by any directions of this court. The fact of the matter is that five telephone connections and one teleprinter line was working in the premises of M/s Purolator India Ltd., the same were disconnected by the appellants and have not been restored despite the best efforts of M/s Purolator India Ltd.