LADY IRWIN COLLEGE SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner seeks quashing of the order of the Estate Officer dated August 22, 1990, passed under section 5(1} of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short the P.P. Act) and the order of the Appellate Authority dated February 14,1996, passed under section 9 of the P.P. Act. The facts leading to the writ petition, briefly stated, are as follows

(2.) On August 21, 1947, Bungalow No. 5, Sikandra Road, New Delhi, was requisitioned under the provisions of section 3 of the Delhi Premises (Requisition and Eviction) Ordinance, 1947. After requisition of the property the same was handed over to the petitioner, namely, Lady Irwin College Society, for its use. Subsequently, the Delhi Premises (Requisition and Eviction) Ordinance, 1947, was superseded by Requisitioning and Acquisition of Immovable Property Act, 1952 (for short 'the Act of 1952'), but the requisition made under the Ordinance of 1947 continued under the provisions of section 24(2) of the Act of 1952. However, under section 6(1-A) of the Act of 1952, the Central Government is required to release from requisition any property requisitioned or deemed to be requisitioned under this Act before the commencement of Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970, (for short the Amendment Act of 1970) (which came into effect from March 11,1970), on or before the expiry of a period of seventeen years from the date of such commencement. This means that the property which had been requisitioned before the Amendment Act of 1970 was required to be released on or before March 10, 1987.

(3.) On February 11, 1988, one of the owners of the property Smt. Kant Kumari filed a writ petition being Writ Petition No. 599/88, wherein it was inter alia prayed that the vacant physical possession of the property should be handed over to the co-owners. In this writ petition the Union of India and the petitioner were arrayed as respondents. On July 8,1991, a Division Bench of this Court allowed the writ petition holding that the period of requisition having come to an end the Central Government was required to release the property in favour of the co-owners. It further directed respondents 1 to 3 therein (i.e., Union of India through the Secretary, Ministry of Works, Housing & Supply; Estate Officer and the Deputy Director of Estates.) and respondent No.6 (Lady Irwin College) to deliver vacant and peaceful possession of the property to Smt. Kant Kumari and respondents 4 and 5 (Smt. Prem Kumari and Smt.Madan Lata, widows of two sons of Smt.Kant Kumari) on or before December 31, 1991. Thereafter, the petitioner filed an application seeking extension of time for vacating the premises. On April 29,1992, the Division Bench, after noticing the submission of the petitioner that the premises were occupied by 35 mentally retarded children and teachers, and the statement of Mr. Bhuchhar, counsel for the petitioner, made on a previous date before the Court that the petitioner "needed not more than four months time to make alternative arrangements", rejected the request and directed the petitioner to hand over possession of the premises to Smt. Kant Kumari and other co- owners within fifteen days of the order.