DCM LIMITED Vs. JASSA RAM AND ORS.

JUDGEMENT

(1.) Since identical orders involving identical question of law have been impugned in the present petitions, the two petitions are being decided by a common judgment.

(2.) A brief exposition of facts is that the petitioner DCM Limited owns 52 acres of land at Bara Hindu Rao and Kishan Ganj, Delhi (in short the suit property). In the suit property the respondent Jassa Ram is a tenant in shop No. 10, Ganesh Line No.6, MPl No.9022, Ward No.16, Gaushala Marg, Kishan Ganj Delhi (in short the tenanted premises No.1) and Krishna Devi Sharma, since deceased, now her legal heirs are the tenants in respect of shop No.1, "D" Lines, MCD No. 7303, Ward No.13, Rani Jhansi Road (in short the tenanted premises No.2). DCM Limited filed two eviction petitions against Jassa Ram and Krishna Devi under Section 14(1)(g) & (l) of the Delhi Rent Control Act, 1958 (in short the DRC Act) on the ground that the land on which the tenanted premises was constructed was required for the widening of the right of way of roads abutting the complex, and has to be handed over to MCD free of cost, as a condition of the layout plan approved by the MCD vide Resolution No. 1136 and 1137 respectively dated 24th November, 1989. It is further stated that on the suit property complex has to be constructed being a Group Housing Residential Complex and flatted factories as per the mandate of the Master Plan of Delhi, 1962 and the Zonal Development Plan of the area. During the course of proceedings DCM Ltd. did not press the petitions on the ground under Section 14(1)(g) DRC Act. The eviction petitions were dismissed by the learned ARC vide the orders dated 14th December, 2011 and the petitioner's appeals challenging the said orders were also dismissed by the learned Rent Controller vide orders dated 16th November, 2013. Hence, the present petitions.

(3.) In the eviction petitions it was stated that DCM Limited was a public limited company and owner of the suit property. The suit property was declared a slum area under the provisions of Slum Areas (Improvement and Clearance) Act, 1956 and DCM Limited obtained the necessary permission to file the eviction petitions from the competent authority (slum) on 28th August, 1995. The textile mill on the suit property has since been closed with effect from 1st April, 1989 in terms of the permission granted by the Delhi Administration, the judgment dated 1st March, 1989 of the Full Bench of Delhi High Court and the judgment dated 27th March, 1989 of the Hon'ble Supreme Court. After coming into force of Delhi Development Act, 1957 and in compliance with the provisions thereof, a Master Plan of Delhi was prepared which was approved by the Central Government under Section 9(ii) of the DDA Act and published in September, 1962. Under the Master Plan of Delhi, the user of the suit property has been provided for residential complex and flatted factories as under: