NATHIA DEVI Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present petition lays challenge to the Judgment dtd. 29/5/2018 ('impugned Judgment') passed by District and Sessions Judge, New Delhi, Patiala House Court in an appeal filed on behalf of respondent, New Delhi Municipal Council ('NDMC') under Sec. 7 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 ('PP Act'), being PPA No. 38/2017. By the impugned Judgment, the learned District and Sessions Judge has directed the petitioner herein to pay damages @ Rs.17,677.00 per month w.e.f 24/1/2017 for unauthorized occupation of Kiosk situated near Gate No. 6, Palika Bazar, New Delhi-110001 ('Subject Kiosk").

(2.) At the outset, it is noted that this Court vide Judgment dtd. 4/7/2023 in C.M.(M) 650/2018 has already upheld the decision of the Estate Officer and the learned District and Sessions Judge holding the petitioner herein as an unauthorized occupant of the subject kiosk. Appeal by the petitioner, being Special Leave to Appeal (C) No. 16025/2023 against the aforesaid Judgment dtd. 4/7/2023, was dismissed by the Supreme Court vide order dtd. 25/8/2023. Thus, the status of the petitioner as an unauthorized occupant of the subject kiosk w.e.f 24/1/2017 has become final.

(3.) The present case pertains to the issue of damages payable by the petitioner for the unauthorized occupation of the subject kiosk.