BALAJI ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This intra-court appeal impugns the judgment dated 17.09.2012 of the learned Single Judge, of dismissal of W.P.(C) No.5118/2011 preferred by the appellant. The said writ petition was preferred impugning the judgment dated 26.05.2011 of the District Judge, exercising powers as an Appellate Authority under Section 9 of the Public Premises (Eviction of unauthorized Occupants) Act, 1971 (PP Act) dismissing the appeal preferred by the appellant against the order dated 16.06.2008 of the Estate Officer of the respondent DDA, of eviction of the appellant from a shop in his possession in property bearing Plot No.20, Block 12-A, W.E.A., Bankim Chandra Chatterjee Marg, Karol Bagh, New Delhi.

(2.) The lease granted of land underneath the aforesaid property bearing Plot No.20, was determined by the DDA for violation of the lease conditions; while the lease was granted for residential purposes, the property constructed thereon was being misused for commercial purposes. Thereafter proceedings under the PP Act were commenced. The appellant being the tenant in one of the shops in the said property, under the lessee of the land underneath the property, also contested the said proceedings.

(3.) The Estate Officer, in order dated 16.06.2008 supra: