BAND BOX PRIVATE LTD Vs. ESTATE OFFICER

JUDGEMENT

(1.) By invoking the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, petitioner was evicted from the Ground Floor of the commercial premises No.18/19 in Connaught Circus, New Delhi by the Estate Officer vide Order of 23rd September, 2008 against which petitioner had preferred statutory appeal and the said appeal stands dismissed vide impugned order of 2nd December,2010.

(2.) The challenge to petitioner's eviction from the commercial premises in question is primarily on the ground that Mr. P.S.Bhatia, Chief Manager of the respondent-bank who had conducted the proceedings in this case as Estate Officer was not competent to do so as Assistant General Manager, General Administration of respondent-bank is the competent authority who can act as an Estate Officer. It was vehemently contended by learned counsel for the petitioner that the aforesaid plea of lack of jurisdiction which goes to the root of the matter can be raised at any point of time. In support of this stand, reliance was placed upon decisions in Chandrika Misir and Anr. vs. Bhaiya Lal, 1973 2 SCC 474; Sundar Dass vs. Ram Parkash, 1977 RLR 227; Shri O.P.Nigam vs. U.O.I. & Ors., 1983 4 DRJ 365; K.K.Taneja vs. Union of India & Anr., 1988 14 DRJ 121; Chiranjilal Shrilal Goenka vs. Jasjit Singh and Ors., 1993 2 SCC 507; DESU Engineers Association & Anr. vs. Municipal Corporation of Delhi & Ors., 1992 23 DRJ 487; and Jamshed Hormusji Wadia vs. Board of Trustees, Port of Mumbai, 2004 AIR(SC) 1815.

(3.) It was sought to be highlighted by learned counsel for the petitioner that the action of the respondent bank in initiating proceedings against other two tenants under Delhi Rent Control Act and to single out the petitioner for being proceeded against under the Public Premises (Eviction of Unauthorized Occupants) Act,1971, is discriminatory and without framing any policy, petitioner has been got evicted by the respondent in violation of the Guidelines of 2002 which provides safeguard against arbitrary use of powers under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 to evict genuine tenants. Reliance was placed upon decisions in Jamshed Hormusji Wadia vs. Board of Trustees, Port of Mumbai, 2004 AIR(SC) 1815 New Indian Assurance Company Ltd. vs. Nusli Neville Wadia and Anr., 2008 3 SCC 279.