N. PATTABIRAMAN Vs. THE ACCOMMODATION CONTROLLER AND ANR.

JUDGEMENT

(1.) These two writ petitions are connected. The petitioner is the owner of premises No. 33, Office Venkatachala Mudali Street, Triplicane, Madras -5. He is living in the ground floor of the premises and the first floor is in the occupation of the 2nd respondent who is a Government allottee. The portion in the occupation of the 2nd respondent consists of a hall, verandha, kudam, living room, bed room, etc. The petitioner with the intention of demolishing the 1st floor and reconstructing it has sought for permission from the Corporation of Madras to effect such alterations and ultimately obtained sanction therefore under building plan No. P. 2597 of 1970, dated 28th July, 1970. But, as the second respondent was an allottee of the premises through the Government, the petitioner applied to the first respondent for delivery of possession of the same and effectively asked for a release of the first -floor from the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In fact the application was made under Sec. 12(1) (b) of the Act. The Accommodation Controller is said to have inspected the plan and enquired the petitioner and ultimately was of the view that the petitioner's request for release could not be granted. The order of the 1st respondent reads thus:

(2.) I am unable to agree with the contentions of the learned Government Pleader. In a case where quasi -judicial tribunals adjudicate upon rights of parties after hearing them it is but elementary that they should give demonstrable reasons so that when it is scrutinised by any one in the higher hierarchy exercising visitorial powers he should be in a position to appreciate as to what was the real reason behind the order impugned or passed. It is now well -settled that such judicial authorities ought not to lightly reject petitions by passing a non -speaking order which is totally bereft of any reasoning. Such reasons ought to form part and parcel of the order itself so that the order could be demonstrated to be one which is sustainable or otherwise by the superior Court or authority when it has the occasion to refer to it and consider whether such an order is proper or regular. This view is accepted by the Supreme Court in one of its latest pronouncements in Travancore Rayons v/s. Union of India : 1978(2)ELT378(SC) , The Supreme Court, said:

(3.) But as arguments have been addressed at length on the scope of what is demolition, it is necessary for me to consider the merits as well as the law on the subject. As already stated, the plan produced clearly makes out the situation that the first floor is sought to be interfered with materially and in many respects by the petitioner when he reconstructs the building in accordance with the sanctioned plan. The cubical content of enclosed space is increased or altered, the walls are changed and above all the roof of the premises is removed and substituted by another. In a case where the roof of a premises is removed and is substituted and this is followed up by a variation of the space content of the quondam building, then undoubtedly the entire process involves not only demolition but also reconstruction. In such cases, where a landlord intends to demolish and reconstruct his premises and for that purpose seeks eviction of the tenant in occupation of the old building, this Court in Selvaraj v/s. Narasimha Rao : (1969) 1 MLJ 587 , observed after considering the import of Ss. 14 (1) (b) and 16 which are the relevant Ss. to be noticed.