LAWS(DLH)-2023-4-38

MOORA MAL LEKH RAJ Vs. ESTATE OFFICER

Decided On April 10, 2023
Moora Mal Lekh Raj Appellant
V/S
ESTATE OFFICER Respondents

JUDGEMENT

(1.) The present writ petitions have been filed seeking directions inter alia for quashing/ setting aside the common judgment dtd. 5/11/2022 passed by the learned Principal District and Sessions Judge, New Delhi, Patiala House Courts dismissing the appeals of the petitioner against the common order dtd. 1/6/2022 passed by the Estate Officer in PPA No. 11/2022 and PPA No. 12/2022. By way of the order dtd. 1/6/2022, the learned Estate Officer had passed an eviction order under Sec. 5(1) and (2) of the Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 ('PP Act'), besides imposing damages to the tune of Rs.2,99,77,090.00 for wrongful occupation of the Public Premises under Sec. 7 of the PP Act.

(2.) Briefly stated, the case of the petitioner is that late Sh. Moora Mal and his son late Sh. Ishar Dass migrated as displaced persons from Pakistan at the time of partition of India. Temporary tenements were raised by the Government in 1947 and Late Sh. Moora Mal started running the business of fuel and coal depot on a piece of land under the name and style 'M/s Moora Mal Lekh Raj' ('the firm'). License dtd. 14/5/1963 was issued to run a fuel and coal depot to the firm under the Delhi Coal Control Order, 1963.

(3.) After the death of Moora Mal, his son Ishar Dass continued with the business on land near CPWD Enquiry Office, Mahadev Road, New Delhi.