SHRIDHAR GUPTA Vs. NDMC

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 19th January, 2010 of the learned Single Judge of this Court of dismissal of W.P.(C) No.985/2008 filed by the appellant.

(2.) WP(C) No. 985/2008 was preferred by the appellant impugning the order dated 29.01.2008, of the Additional District Judge exercising power as appellate authority under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act), of dismissal of appeal preferred by the appellant against the order dated 17.06.2004 of the Estate Officer of the respondent NDMC of eviction of the appellant from shop No.122, Yashwant Place, New Delhi.

(3.) Counsel for the respondent NDMC appeared when this appeal came up first before this Court on 03.02.2010. The learned Single Judge while dismissing the writ petition from which this appeal arises had restrained the respondent NDMC from evicting the appellant for a period of 15 days. Vide the interim order dated 03.02.2010 in this appeal, it was directed that the premises may be sealed by the respondent NDMC. By subsequent order dated 07.10.2010 the said interim order was ordered to continue till the next date of hearing. The appeal was on 02.05.2011 admitted for hearing. The appeal came up for hearing on 10.05.2013 when the same was dismissed in default of appearance of the appellant. However, upon an application for restoration being filed by the appellant, the appeal was restored and again directed to be listed in the category of 'Regular Matters'. Though the interim order was neither extended after 07.10.2010 nor confirmed nor expressly restored at the time of the restoration of the appeal earlier dismissed in default but it appears that the parties considered the same to be in operation and the premises remained sealed. The appellant in or about September, 2014 moved an application stating that the premises had been de-sealed by the respondents and the work of repair was going on therein and seeking to restrain the respondent NDMC from selling off, disposing or creating any third party interest in the said premises or parting with possession thereof. The said application came up before us first on 26.09.2014 when we directed the appeal itself to be listed for hearing.