ABHA RANI SHARMA Vs. SHAKUNTALA SHARMA AND OTHERS

JUDGEMENT

(1.) Present petition has been filed challenging the validity of the order dated 1.7.1994, whereby the building in question was declared vacant. The order dated 4.7.94 whereby the said building was allotted in favour of respondent No. 1 as well as the proceedings connected therewith regarding delivery of possession in Form-C and D and the order dated 5.7.1994 and 13.7.94.

(2.) The said orders have been challenged by the petitioner on the ground that the orders were passed in violation of the provisions of the Act and the Rules. The building in question was declared vacant without affording any opportunity of hearing to the petitioner who admittedly is the landlady/ owner of the building. Allotment order in favour of respondent No. 1 has also been passed in the same fashion. The impugned orders were, therefore, liable to be quashed.

(3.) Learned Counsel appearing for the contesting respondents initially attempted to support the said orders but ultimately conceded that the petitioner was not afforded opportunity of hearing as required under the law. He sought time to seek instructions from the respondent No. 1, which was granted. After receiving instructions from respondent No. 1, a latter received by fax from respondent No. 3, which has been taken on record, learned Counsel made the statement that respondent No. 3 simply wanted one weeks time to vacate the building.