UNION OF INDIA Vs. INDIAN YOUTH CENTRES TRUST

JUDGEMENT

(1.) . The Union of India and the Administrator, Union Territory of Delhi have filed this writ petition under Article 226 and 227 of the Constitution of India for the issuance of a writ in the nature of certiorari, quashing the award made by the Respondent No. 2 on 16.10.1979.

(2.) . The undisputed facts are that the respondent No. 1 (Indian Youth Centres Trust) is the owner of the building known as "Vishwa Yuvak Kendra" situated at Circular Road, Ghanakyapuri, New Delhi. The building was requisitioned by the Delhi Administration under Section 23 of the Defence and Internal Security of India Act, 1971 (hereinafter referred as "the Act") vide order dated 29.08.1975. Possession of the said building was taken over by the Delhi Administration on 30.08.1975. The said property remained in the possession of the Delhi Administration till 26.03.1977 when, by an order of the same date and passed in exercise of pow.ers conferred by Section 29 of the Act, the Administrator rescinded its earlier order of requisition with immediate effect and directed that possession of the property be restored to the respondent No. 1. It is thus clear that the said building remained in possession of the Delhi Administration during the period of the aforesaid requisition from 30.08.1975 to 26.03.1977.

(3.) . Section 24 of the said Act reads as under