A K VERMA Vs. ADDITIONAL DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) R. H. Zaidi, J. Heard learned Coun sel for the petitioner; By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature certiorari quash ing the order dated 30-3-1995 whereby, at the instance of the landlord, the building in question was allotted in favour of Respon dent No. 3 and the order dated 17-10-1998 whereby the revision filed by the petitioner against the order of the Rent Control and Eviction Officer was dismissed.

(2.) RELEVANT facts of the case giving rise to the present petition, in brief, are that an accommodation consisting of two rooms, verandah and latrine, part of main building No. 23, Maliyan Mohala, Dehradun, was in occupation of Tripal Singh Chauhan who vacated the said building in the month of July, 1993. Immediately thereafter, within the time prescribed under the law (7 days) Respondent No. 4, the landlord, intimated the vacancy to the Respondent No. 2 the Rent Control and Eviction Officer, Dehradun on 23-7-1993 in accordance with the provisions of Sec tion 15 of the U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (U. P. Act No. XIII of 1972), for short the Act, and Rule 9 of the Rules framed under the Act. Within the time prescribed under Section 17 of the Act (21 days) from the date of intimation of vacan cy, no allotment order was communicated to the Respondent No. 4. Respondent No. 4, therefore, as provided under the Act, intimated the Respondent No. 2 the name of Respondent No. 3 who was the person of his choice for allotment of the said build ing on 6-9- 1993. The Respondent No. 2 in exercise of powers conferred upon him under Sections 16and 17 read with Rule 10 of the Act, allotted the building in question in favour of Respondent No. 3 by order dated 30-3-1995. Petitioner who happens to be an applicant for allotment of the said buildings, challenged the validity of the order of allotment dated 30-3-1995 before the Revisional Authority under Section 18 of the Act. The Revisional Authority af firmed the findings recorded by the Respondent No. 2 and dismissed the revision by its judgment and order dated 17-10-1998, hence the present petition.

(3.) INTIMATION of the vacancy is re quired to be given in accordance with the provisions of Section 15 of the Act read with Rule 9 and the allotment order is to be made under Sections 16 and 17 read with Rule 10 of the Rules framed under the Act which are quoted below: "15. Obligation to intimate vacancy to Dis trict Magistrate.- (1) Every landlord shall on a building falling vacant by his ceasing to occupy it or by the tenant vacating it or by release from requisition or in any other manner whatsoever give notice to the vacancy in writing to the Dis trict Magistrate not later than seven days after the occurrence of such vacancy, and such notice may at the option of the landlord be given before the occurrence of the vacancy. (2) Every tenant so vacating a building shall give notice thereof in writing to the District Magistrate and also to the landlord not less than fifteen days before the vacancy. (3) The notice under sub-section (1) or sub-section (2) shall contain such particulars as may be prescribed. , (4) The District Magistrate, on being satisfied on an application made to him in that behalf that there was sufficient cause for the landlord or the tenant. not to give notice under sub-section (1) or sub- sec tion (2) within time, may condone such delay. " "16. Allotment and release of vacant build ing.- (1) Subject to the provisions of the Act, the District Magistrate may by order: (a) require the landlord to let any building which is or has fallen vacant or is about to fall vacant, or a part of such building but not appur tenant land alone, to any person specified in the order (to be called an allotment order); or (b) release the whole or any part of such building or any land appurtenant thereto, in favour of the landlord (to be called a release order): Provided that in the case of a vacancy, referred to in sub-section (4) of Section 12, the District Magistrate shall give an opportunity to the landlord or the tenant, as the case may be, of showing that the said section is not attracted to his case before making an order under clause (a ). (7) Every order under this section shall, subject to any order made under Section 18, be final. " (Only relevant quoted) "17. Conditions of making allotment order.- (1) Where the District Magistrate receives an intimation under sub-section (1) of Section 15 of the vacancy or expected vacancy of building any allotment order in respect of that building shall be made and communicated to the landlord within twenty-one days from the date of receipt of such intimation, and where no such order is so made or communicated within the said period, the landlord may intimate to the District Magistrate the name of a person of his choice, and thereupon the District Magistrate shall allot the building in favour of the person so nominated unless for special and adequate reason to be recorded he allots it to any other person within ten days from the receipt of in timation of such nomination. (2) Where a part of a building is in the occupation of the landlord for residential pur poses, or is released in his favour under clause (b) of sub-section (1) of Section 16 for residen tial purposes, the allotment of the remaining part thereof under clause (a) of the said sub-sec tion (1) shall be made in favour of a person nominated by the landlord. (Only relevant quoted) "9. Notice of vacancy (Section 15 ).- (1) Every notice to the District Magistrate under sub-section (1) or sub-section (2) of Section 15 shall contain the following particulars: (a) The number, if any, allotted by the local authority to the building and the street, ward or division in which the building is situated. (b) The name and address of the landlord. (c) Whether the building is residential or non-residential. (d) Details of accommodation available together with the appurtenant land, garden, garages, out- houses, etc. (e) In case the building falling vacant is part of a bigger building, the names of oc cupants of the other parts. (f) The actual or expected date of vacancy. (g) The name of the person vacating the building. (h) The year of construction of the build ing. (1) Whether the building was ever let out. (j) Other information, if any. (2) The notice shall be signed and dated by the informant and shall be presented in person at any time during office hours on any working day or shall be sent by registered post acknow ledgement due. (3) Immediately after the receipt of in timation of vacancy of any building in the office of the District Magistrate, the vacancy shall be entered in a register which shall be maintained in that behalf and be notified for the information of the general public by pasting a copy of the list of the vacant buildings on the notice board of that office, specifying therein the date on which the question of allotment will be considered. He shall also issue a notice to the landlord intimat ing him the date so fixed. On the date so fixed the District Magistrate shall consider the cases of all applicants registered in the register men tioned in Rule 10 and shall pass an order under Section 16 in accordance with Rules 10 and 11. " "10. Allotment procedure (Sections 16 (1) (a) and 34 (8 ).-An application for allotment of a building shall be made in Form A. (7) The power of. the District Magistrate under Section 17 (1) to disregard the nomina tion by the landlord in the event of the District Magistrate's failure to made the allotment order within twenty-one days from the date of receipt of intimation of vacancy or expected vacancy of a building shall be exercised very sparingly and only when for a public purpose of an urgent nature, the District Magistrate considers it necessary so to do. " (Only relevant quoted ).