D.C.M. LIMITED Vs. D.D.A.

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge dated March 9, 1994 passed in I.A. 796/94 in Suit No. 1085/91. The facts giving rise to this appeal are as under:-

(2.) On Sept. 1, 1955 the Delhi Improvement Trust issued a notice under Sec. 4 of the Government Premises (Eviction) Act, 1950 claiming damages from the appellant for its unauthorised occupation of the said premises. Thereafter on March 19, 1963 proceedings were initiated by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the Act') against the appellant for recovery of damages on account of unauthorised occupation of the premises for the period from Sept. 1953 to March 31, 1962. This ultimately led to filing of a petition under Art. 227 of the Constitution by the appellant in which an order was passed staying the proceedings before the Estate Officer.

(3.) On Jan. 23, 1990 a notice under Sec. 4 of the Act was issued to the appellant in respect of the property in question, to which the appellant filed objections. During the course of the proceedings before the Estate Officer, an order dated April 11, 1991 was passed closing the evidence of the appellant. Thereupon the appellant filed a writ petition, being Writ Petition No. 1253/91, before this Court. On Jan. 22, 1993 the writ petition was disposed of and the Estate Officer was directed to allow the appellant to adduce oral evidence.