CHHIDDI SINGH Vs. DIRECTORATE OF ESTATES

JUDGEMENT

(1.) By this petition, petitioner, Chhiddi Singh, Sub-Inspector in the Delhi Police, seeks quashing of circular/letter dated 1.11.2000, issued by the Directorate of Estates, by which the Commissioner of Police, was called upon to hand over vacant possession of quarter bearing No.1/257, Sadiq Nagar and 70/4, Type III, Sector- I, Pushp Vihar, M.B.Road, New Delhi in occupation of the personnel of Delhi Police within 30 days. failing which eviction proceedings would be initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Petitioner also sought quashing of subsequent proceedings/orders pursuant to the said circular.

(2.) Petitioner had been allotted by the Delhi Police quarter No.70/4, Type III, Sector-1, Push Vihar, M.B.Road, one of the two quarters, referred to earlier. During the pendency of the writ petition, an eviction order dated 30.4.2001, under Section 5 (1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 has also been passed by the Estate Officer in respect of quarter No.70/4, Type III, Sector-1, Push Vihar, M.B.Road, New Delhi.

(3.) The facts in brief, giving rise to the present petition may be briefly noted:- (i) Quarter No.70/4, Type III, Sector-1, Push Vihar, M.B.Road, New Delhi of the general pool, had been allotted to Inspector Rameshwar Lal on 11.11.1980 by respondent No.1, Directorate of Estates, when he was posted to CBI on deputation. On his retirement, he vacated the quarter on 31.10.1999 and possession of the same was handed over by him to Delhi Police. The Delhi Police allotted the said quarter to the petitioner, Chhiddi Singh vide order No.15681- 710/Q.A.Cell/C.III/PHQ dated 28.10.1991. Petitioner continued to occupy the said quarter. Respondent No.1, Directorate of Estates claims that the said allotment by the Delhi Police to its personnel was without its consent. The quarter being of general pool should have reverted back to respondent No.1, Directorate of Estates. Respondent No.1, vide its letter dated 27.4.2001, requested the Delhi Police to hand over the quarter to it.