SAFARI AIRWAYS Vs. ESTATE OFFICER

JUDGEMENT

(1.) The only question in this writ petition about the validity of the notice dated 19.3.1982 issued by the Estate Officer is Delhi Airport Palam, respondent No. 1 to the petitioner, M/s Safari Airway.

(2.) These are the facts. On 22.10.71 the President of India execute a licence in favour of the petitioner, M/s Safari Airways) for a period of one year. Safari Airways Were allowed to occupy a plot of land at Delhi Airport measuring approximately 82 sq. yards on a certain annual fee. This licence expired on 31.10.72 No written licence was executed thereafter.

(3.) On 19.3.82 the Estate Officer of the International Airport Authority of India at Delhi Airport, Palam issued to Safari Airways a notice under sec. 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (the Act). This notice reads as under : 280 NOTICE OFFICE OF THE ESTATE OFFICER DELHI AIRPORT: PALAM, NEW DELHI-110010. No : AAD/EO-4(81)/5208-11 19th March 1982 To M/s Safari Airways, (A Division of J.K. Chemicals Ltd.), J.K. Building, N. Morarjee Marg, Ballard Estate, Bombay-4000038 Whereas I, the undersigned, am of the opinion, on the grounds specified below, that you are in unauthorised occupation .of the Public Premises mentioned in the Schedule below that you should be evicted from the said premises : Grounds i) that your occupation of the premises referred to in schedule is without any specific permission, contract and/or licence. The licence granted to you for these premises has expired on 21.10.72. ii) It has been stated by you that M/s Air Works (India) are in possession of the premises with your consent, thus you have sublet;