VIJAY REHAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal impugns the order dated 4th November, 2011 of the learned Single Judge dismissing in limine W.P.(C) No. 7854/2011 preferred by the appellant. The said writ petition was preferred by the appellant impugning the order dated 3rd October, 2011 of the District Judge dismissing the appeal preferred by the appellant against the order dated 16th June, 2008 of the Estate Officer, of eviction of the appellant from the portion of Premises No. 12 -A/20, WEA, Karol Bagh, New Delhi.

(2.) The proceedings for eviction under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with respect to the Premises No. 12 -A/20, WEA, Karol Bagh, New Delhi were initiated after the determination of the lease of the land underneath the said premises. The appellant herein claims to have been a tenant (under the perpetual lessee of the plot of land and owner of the said property) in the said property. The Estate Officer held, that under the terms of perpetual lease, the property was to be used for residential purposes only but was being misused for commercial purposes and hence the lease of the land underneath the same had rightly been determined and all occupants of the property including the appellant were in unauthorized possession/occupation.

(3.) The District Judge vide order dated 26th May, 2011 dismissed the appeal preferred by the appellant holding, that after determination of the perpetual lease, the premises were "public premises" and the Estate Officer was empowered to pass an order of eviction with respect thereto; that the protection of the Delhi Rent Control Act, 1958 was not available with respect thereto; that the perpetual lease of the land underneath the property was determined for the reason of misuse of the whole of the property by all the occupants thereof and hence the plea of the appellant that commercial use by him of the portion admeasuring 20 sq.m. in his occupation, was within the permissible limit, had no merit.