MAHINDER SINGH OBERIO Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment, I would be deciding the above mentioned writ petitions as common pleas and similar facts arise for consideration. Besides all the petitioners are seeking protection against eviction and directions for alternate allotment. C.W.Nos.3670/2001 and 4722/96 have been taken as the lead cases. However, for facility of reference, the particulars of the petitioners and locations of their respective premises are given below.

(2.) Mahinder Singh Oberoi petitioner No.7 alongwith 25 other petitioners claimed to be in occupation of different shops in the market known as Wellesly Mess Market, New Delhi. The petitioners assail the impugned order dated 17.9.96 passed by the Additional Distt. Judge, by which he dismissed batch of 31 appeals, preferred by the petitioners and others against the order of eviction passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act (hereinafter referred to as "the Act"). Petitioners also claimed that the respondents be directed to act upon the alleged compromise arrived at between the parties during the eviction proceedings in the years 1973-75. One Mr.Raghu Singh Sandhu sought impleadment in this writ petition which was not opposed by any of the parties and vide order dated 13.8.2002, he was impleaded as petitioner to the writ petition. The relevant facts and submissions made with regard to this petition shall be adverted to later on as this has been taken as the lead case.

(3.) This is a petition instituted by Rajesh Kumar Gupta and Manmohan Singh Anand who through their attorneys also claim to be in possession of the shops in the Wellesly Mess Market, Delhi. The petitioners also assail the impugned order dated 17.9.96 passed by the Additional Distt. Judge which is assailed in writ petition No.3670/2001 on similar grounds.