PREM NATH SAROOP Vs. D D A

JUDGEMENT

(1.) Challenge is to the impugned order dated 12.1.2004 determining lease of plot No. 157, Block B-5, Safdarjung Residential Scheme, New Delhi and the consequential notice dated 26.4.2005 issued by the Estate Officer under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act 1971.

(2.) Petitioner is the husband of late Smt. Sharda Devi who was the perpetual lessee of a plot of land bearing municipal No. 157, Block B-5, Safdarjung Residential Scheme, New Delhi. Perpetual lease was executed by DDA. The perpetual lease hold rights were purchased by Sharda Devi at an open auction held on 29.11.1971. Her bid in sum of Rs. 39,600/-, being the highest was accepted. Perpetual lease was executed in her favour on 28.11.1973. She constructed a residential building thereon wherein she resided along with her husband and her children.

(3.) The perpetual lease has been cancelled on the ground that Sharda Devi was not eligible to participate in the auction conducted by DDA on 29.11.1971 inasmuch as it was a term of auction that to be eligible to participate in the auction the intending bidder should not own in full or part, whether as lease hold or as free hold tenure, a residential plot or a house in the urban areas of Delhi.