(1.) The Estate Officer on 10.2.19998 passed an order directing the appellant to vacate Bungalow No. 12, Teen Murti Lane, New Delhi within 15 days of publication of the order. Appeal of the appellant filed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was dismissed on 10.3.1999 by Shri S.N. Aggarwal, Additional District Judge, Delhi, exercising powers of Appellate Authority under the Act. The appellant challenged both the orders by filing a petition under Article 227 read with Article 226 of the Constitution of India, which was registered as C.M.(Main) 181/99. On the miscellaneous application (C.M.819/99) learned Single Judge passed an ex parte order staying the operation of the order of eviction.After hearing learned Counsel for the parties. Single Judge by the impugned order passed on 22.4.19999 vacated the earlier order of stay but directed that the impugned order dated 10.2.1999 passed by the Estate Officer shall not be enforced for one week. Appeal is against the said order.
(2.) . At the stage of admission, we heard Mr. Shanti Bhushan, learned Senior Advocate appearing for the appellant as also Mr. Arun Jaitley, learned Senior Advocate appearing for respondent No. 2. Certain salient facts highlighted during arguments may be noticed:
(3.) . The appellant is a Sitting Member of Rajya Sabha. On 10.7.1998 he applied for allotment of accommodation, indicating his first preference for Bungalow No. 10, Gurudwara Rakabganj Road. On 13.7.1998 he was allotted said Bungalow No. 10, Gurudwara Rakabganj Road, New Delhi on vacation of the said accommodation by its earlier occupant. Under of para 9(a) of the Accommodation Circular letter, the appellant was asked to communicate his acceptance to Rajya Sabha Secretariat within 5 days of the issue of the said allotment letter, failing which it was informed that allotment will be deemed to have been refused. The appellant conveyed his acceptance for the allotment through letter dated 16.7.1998.