PUSHPA GROVER Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both these writ petitions are inter-connected and can be disposed of by a common judgment.

(2.) The brief facts (in Writ Petition No. 2361/88) which are relevant for the determination of the controversy may first be slated. The petitioner, Delhi Development Authority, has filed this petition for quashing the order dated 14.12.1987 of Shri S.P. Sabharwal, Addl. District Judge, Delhi whereby he has set aside the order dated March 24, 1987 and remanded the case back to the Estate Officer with the direction that the Estate Officer should give one more opportunity to the appellant, Suit. Pashpa Grover, to adduce evidence and then after hearing both the partics he should decide the matter afresh. The Estate Officer vide order dated March 24, 1987 had pased an order of ejectment against the petitioner from the promises Rose Garden, Indraprastha Estate, New Delhi which was given to her on licence basis in 1978 for a period of 11 months, to begin with. The proceedings for ejectment were taken by the petitioner and after chequered history of litigation, which may not be necessary to be referred to here, the petitioner, Smt. Pushpa Grover, was ejected by the Estate Officer vide its order dated March 24, 1987 and the possession of the said premises was taken by the petitioner, D.D.A., on April 11, 1987 in pursuance of the ejectment order. It appears, respondent No. 1, Smt. Pushpa Grover, filed a writ petition, being Civil Writ Petition No. 1035/87 in this court which was dismissed presumably on the ground that an alternative remedy was available She consequently filed an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act') before Shri S.P. Sabharwal, Addl. District Judge, Delhi (respondent No. 2) who allowed the same and remanded the case to the Estate Officer directing him to provide further opportunity, as already referred to above.

(3.) Smt. Pushpa Grover consequent upon the passing of the order dated 14.12.1987 by the Addl. District Judge, Delhi setting aside the order of ejectment passed by the Estate Officer, Respondent No. 2, has filed the Civil Writ Petition No. 1386/88 for restoration of possession of the premises. The petitioner, Smt. Pushpa Grover, has stated that she had filed C.W. 154/88 before this court in which this Court by order dated May 26, 1988 directed respondent No. 2 to dispose of her application dt. 16.12.1987 filed before him for restoration of possession. Respondent No. 2, the Estate Officer, rejected the application dated 16.12.1987 for restoration of possession vide his order dated June 27, 1988, annexure '0' to the writ petition, as, according to him, the application was not maintainable as provisions of Section 144 of the Code of Civil Procedure were not applicable to the proceedings under the Act.