INDERJEET SINGH Vs. NDMC

JUDGEMENT

(1.) The petitioner has impugned the order of the AppellateAuthorityunder the PublicPremises(Evictionof Unauthorised Occupants) Act (hereinafter called 'the said Act') dated 21st October, 2000.

(2.) Shri Harinder Singh Saluja, respondent No. 3 was the original allottee of shop No. M-34, Palika Bhawan, R.K. Puram, New Delhi in pursuance to a licence dated 17th July, 1984. Proceedings were initiated against him by respondent No. 2 on 15th May, 1985 in respect of licence fee from September, 1984 to August, 1992 and an eviction order was passed on 14th October, 1987 as also an order for damages. The appeal preferred by Shri Saluja was allowed on 29th July, 1988 and the impugned order dated 14th October, 1987 was quashed. The review petition filed to modify the order as one of a case of remand in respect of quashing was also dismissed on29th july, 1988. Fresh proceedings were initiated on llth January, 1993 against Sri Saluja and on 28th July, 1993, an application was filed to implead the petitioner as a party alleging that respondent No. 3 has sub-let the shop.to the petitioner. The petitioner was given the opportunity to file objections and an eviction order was passed on 9th February, 1998 directing the petitioner to pay licence fee upto 5th February, 1985 and damages from 6th February, 1985 to 31st July, 1993 as also the period thereafter.

(3.) An appeal was preferred by the petitioner before the Appellate Authority and interm stay orders were granted but the same were vacated on 27th January, 2000. In February, 2000, possession was taken from the petitioner and the appeal was dismissed on 21st October, 2000. The petitioner filed the present writ petition impuging the order of the Appellate Authority in respect of damages and seeking to restore possession as also for regularisation in the name of the petitioner.