UDIPI RESTURANT Vs. DDA

JUDGEMENT

(1.) PLOT No. 20, Block No. 12-A, W.E.A., Bankim Chander Chatterji Marg, New Delhi was leased out by Delhi Improvement Trust, for residential purpose, to one Sohinder Singh, who after construction on the said plot, let out various portions of the building constructed on the aforesaid plot to different persons, including the petitioner-Udipi Restaurant. Admittedly, under the terms of the lease deed, the aforesaid building could not have been used for a non-residential purpose, without prior permission of the lessor. Since the aforesaid building was put to non- residential use, the lease dead came to be terminated on 28.08.1997. Consequent to determination of the lease, proceedings under Public Premises Act were instituted by the respondent-DDA against various occupants of the said property, including the petitioner-Udipi Restaurant which occupies one shop in the said property.

(2.) VIDE order dated 16.06.2008, the Estate Officer directed eviction of the petitioner from the premises which it occupies in the said building. Being aggrieved from the order passed by the Estate Officer, the petitioner preferred an appeal before the District Judge which came to be dismissed vide order dated 28.05.2011. Being aggrieved from dismissal of his appeal, the petitioner is before this Court by way of this writ petition.

(3.) IN my view, even if the MPD, 2021 allows the building in question to be used for a non-residential purpose, as the contention of the petitioner is, that by itself, would not permit the lessee or anyone, acting under the authority of the lessee, to contravene the terms of the lease deed by using the building or any part thereof for a purpose other than residential purpose. The terms of the lease deed being independent of the provisions of the Master Plan, the lessor is entitled in law to enforce such terms irrespective of the provisions contained in the Master Plan. If the lessee of a property which has been leased out by DDA or its predecessor-in- interest for residential purpose cannot use the building constructed on such plot for a purpose other than residential, without prior permission of the lessor, it may be open to him to seek permission of the leassor on the ground that the provisions as modified by MPD 2021, do permit use for a non-residential purpose, and in the event of permission being denied by the lessor, it would be open to the lessee to challenge the decision of the lessor refusing such a permission inter alia on the ground that there was no justification for refusing such a permission considering the provisions of MPD-2021. But, so long as the lease stands cancelled or the permission is not granted by the lessor to use the property for a non-residential purpose, the lessee or any person acting under him would have no right to use the building or any part of it in contravention of the terms of the lease deed.