BALAJI ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner is the sub-lessee of Sohinder Singh who had taken plot no. 20 in Block 12-A, WEA, Karol Bagh, Delhi (henceforth referred to as 'subject premises') on lease from respondent for residential purpose but had created sub-lease of shop no. 3 in the aforesaid subject premises in favour of petitioner for commercial use, which led to the cancellation of the lease deed and the initiation of the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 resulting in eviction of petitioner from the subject premises.

(2.) Petitioner had preferred a statutory appeal against eviction order of 16 th June, 2008, which stands dismissed vide detailed impugned order of 26 th May, 2011 holding that the so-called conflict between the Apex Court decision in Express Newspapers Private Ltd. Vs. Union of India, 1986 AIR(SC) 872 and later decision of the Apex Court rendered by the Constitution Bench in Ashoka Marketing Ltd & Anr. Vs. Punjab National Bank & Ors., 1991 AIR(SC) 855 stands explained by Division Bench of this Court in LPA No. 976/2004 DDA Vs. Ambitious Gold Nib Mfg Co. Pvt. Ltd. rendered on 21 st February, 2006 and so there was no scope for contending that the decision in Express Newspapers bars resort to the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to seek eviction from the leased out land on which building was constructed by the lessee.

(3.) At the hearing, learned counsel for petitioner had placed implicit reliance upon an order of 9 th July, 2012 of this Court in WP(C) No. 2204/2006 M/S Ashoka Builders & Promoters Vs. UOI & Ors. to contend that where building is constructed by lessee on the land leased out by respondent, the remedy is to invoke the jurisdiction of the Civil Court to seek eviction and not to resort to the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.