RAM CHANDER AGGARWAL Vs. HANS RAJ BANGA

JUDGEMENT

(1.) . Shri Bhagwan Dass, predecessor in interest of the appellant was in occupation of a shop at Qutab Road, Delhi. The Ministry of Rehabilitation decided to raise new construction on the said site with assurance to the evictees from the area that they would be given alternative accommodation in the new construction thus made. After evicting Bhagwan Dass and others. Ministry of Rehabilitation constructed shops/ flats known as New Qutab Road properties. The shops were allotted on ownership basis to the displaced persons and allotted on rent basis to the evictees like Bhagwan Dass and others.

(2.) . Bhagwan Dass was allotted shop No.114 New Qutab Road vide allotment letter dated 6th August,1955 Ex.D-1. His eligibility was confirmed by the Government of India vide letter dated 8th August, 1955 Ex.D-2 and with that he was given the terms of tenancy for the shop in question vide Ex.D-3. The tenancy with the terms as offered by the Government of India was accepted by Bhagwan Dass vide his acceptance letter Ex.D-4. Since Bhagwan Dass was allotted the shop as an evictee of the area, therefore, he was to give a declaration in this regard which he gave vide Ex.D-5 on 8th August,1955.

(3.) . Subsequently the Ministry of Rehabilitation decided to dispose off these shops in occupation of the evictees by public auction. Evictees were debarred from participating in the auction. Bhagwan Dass challenged this bar by filing a writ petition in the High Court of Punjab, Circuit Bench at Delhi. It was listed as Civil writ No.438-D/58 on which an order was passed on 21st September,1960 to the following effect :-