UNION OF INDIA & ANR. Vs. GULAB SINGH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns the order dated 2nd July, 2014 of the District Judge (Hqs.) Delhi allowing the appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act) being PPA ­ 7/2013 (Unique Case ID No.02401C0076392013) filed by the respondent by setting aside the order dated 6th February, 2013 of the Estate Officer under Section 5(1) of the Act of eviction of the respondent from the premises comprising of two rooms, kitchen - cum -godown, verandah, bathroom and toilet in Old Hostel (Hostel no.1) and one room and kitchen in the New Hostel (Hostel no.2) of petitioner No.2 National Institute of Communicable Diseases now known as National Center for Disease Control 22, Sham Nath Marg, Delhi and remanding the matter to the Estate Officer for adjudication afresh.

(2.) Notice of the petition was issued and though an opportunity of filing reply was sought by the respondent and granted but no reply was filed and the opportunity to file reply/counter affidavit was closed. The matter was listed on 1st July, 2015 for hearing arguments, when adjournment was sought by the counsel for the respondent and granted subject to payment of costs. The respondent however did not pay the cost and thereafter when the matter was posted on 14th July, 2015, the counsel for the respondent again sought adjournment. In the circumstances judgment was reserved granting an opportunity to the respondent to, subject to payment of costs, file written submissions. No written submissions also have been filed. I have perused the records.

(3.) The position which emerges is as under.