DELHI DEVELOPMENT AUTHORITY Vs. RAKESH BHATNAGAR

JUDGEMENT

(1.) Present writ petition has been filed by petitioner/Delhi Development Authority (hereinafter referred to for short as "DDA") being aggrieved by the order dated 23.07.2015 passed by the Central Administrative Tribunal (hereinafter referred to for short as "Tribunal") in O.A.No.2655/2015, whereby the Tribunal while issuing notice in the application granted stay against any further action by the petitioner in pursuance of the letters dated 13.5.2015 and 23.6.2015.

(2.) Learned counsel for the petitioner submits that the Tribunal has failed to consider that the OA filed by the respondent herein is not maintainable in view of the settled position of law as decided by the Supreme Court of India in the case of Union of India v. Rasila Ram & Ors., 2001 10 SCC 623 and Division Bench judgments of this Court in the case of Smt. Babli & Anr. v. Govt. of NCT of Delhi & Ors., 2002 95 DLT 144(DB) and UOI & Ors. v. Dr. Jagdish Saran, 2005 84 DRJ 690(DB) and the order passed by the Tribunal itself. Further the jurisdiction of the Tribunal is barred under Section 9 of the Act as also in terms of OM dated 3.11.1993.

(3.) Learned counsel for the petitioner submits that eviction proceedings against the respondent are still pending adjudication before the Estate Officer.