VULCAN INDUSTRIES AND ORS. Vs. DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND ORS.

JUDGEMENT

(1.) The petitioners have filed the present petition impugning an order dated 10.12.2007 (hereafter 'the impugned order') passed by the District Judge whereby the petitioners' appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter 'the Act') filed against the Eviction Order dated 14.07.2003 passed by the Estate Officer, was dismissed. The Estate Officer had passed the Eviction Order dated 14.07.2003 in respect of property situated at 231, Okhla Industrial Estate, Phase-III, Delhi (hereafter the 'said property') as the Directorate of Industries had determined the lease of the said property on the ground of sub-letting the said property in violation of the lease deed. In the circumstances the Estate Officer had concluded that the petitioners were unauthorized occupants of the said property.

(2.) During the pendency of the petition, the petitioners put up their case for regularization of unauthorized sub-letting of the said property and agreed for payment of charges for the regularization as per the calculation provided by the Dy. Commissioner of Industries (Land-Okhla) in his affidavit dated 19.04.2010. The petitioners, however, have claimed that interest at the rate of six percent per annum is payable in terms of lease deed and have disputed the claim of the respondent no.1for charging interest at the rate of eighteen percent per annum.

(3.) The brief facts that are relevant to examine the controversy in the present petition are as under:-