SATYA AGGARWAL Vs. GAYATRI DEVI

JUDGEMENT

(1.) The petitioners have filed this petition under Article 227 of the Constitution of India for quashing the order passed by Mr. B.B. Chaudhary, Competent Authority (Slum), dated 28.9.1993. The Competent Authority granted permission to Smt. Gayatri Devi to file a petition for eviction of the petitioners from shop bearing No. 1974, Ward No. 16, Bank street, Pyare Lal Marg, Karol Bagh, New Delhi-5.

(2.) Brief facts necessary to dispose of this petition are mentioned here in below. Ram Pratap was a tenant in respect of the said shop in Karol Bagh at a monthly rent of Rs. 50.00 . After the death of Ram Pratap, the present petitioners have become the tenants under the respondent Mrs.Gayatri Devi by operation of law. Gayatri Devi wants to file an eviction petition against the petitioners. As the property is situated in a slum area, therefore, the present petition has been preferred before the Competent Authority.

(3.) In this petition, it is stated that the petitioners who are the respondents before the Competent Authority, are men of means and status. It is mentioned that they own a big house bearing No. F-90, Green Park, New Delhi, valued at Rs. 10 lakhs. It is also mentioned that the petitioners herein own TV, VCR, Refrigerator and other luxurious items apart from enjoying telephone facility. The petitioners owin cars, scooters and possess gold and silver ornaments. It is also mentioned that they have a huge bank balance. It is also mentioned that the petitioners are also running a non-vegetarian restaurant under the name of 'Richa Bar Be Que', located near AIIMS, New Delhi. They are also carrying on automobile business/shop and their average monthly income is more than Rs. 20,000.00 . It is also mentioned that F-90, Green Park, New Delhi is built over an area of 300 sq. yds and is a two-storeyed building from the front and three-storeyed building from the back. The respondents also own another property No. R-1, Green Park, New Delhi, built over an area of 200 sq.yds. There are seven shops in the ground floor and it is a 2-1/2 storeyed building. Three shops having been let out at a monthly rent of approximately Rs. 3000 and 4 shops are under use and occupation of the petitioners. Both these properties originally belonged to late Ram Pratap and after his death, his legal heirs/petitioners are the co-owners of these shops. It is also mentioned that the petitioners are enjoying telephone facility in both the houses i.e. F-90and R-l .Green Park. New Delhi. The income of the petitioners from all sources cannot be less than Rs. 25000.00 per month. It is stated that looking to the fact that theywn a number of properties and have a sound financial status, they will not create aslum if evicted from the shop in question and the petitioners can easily arrange an alternative accommodation.