STATE OF HARYANA Vs. DISTRICT MAGISTRATE/DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS application for review of the order dated August 1, 2000 is a sequel to the order passed by their Lordships of the Supreme Coireut on September 29, 2000 in SLP (Civil) No. 14966 of 2000. A few facts as relevant for the decision of the case may be briefly noticed.

(2.) THE building belonging to Budh Khalsa Cooperative House Building Society Ltd. is the bone of contention. It was requisitioned under the provisions of the Punjab Requisitioning and Acquisition of Immovable Property Act, 1953, on April 3, 1973. In pursuance to the order passed by the District Magistrate, Sonepat, respondent No. 4 had given possession of the premises to the Government on May 16, 1973. On September 2, 1987 the owner of the building filed a petition before the Deputy Commissioner with the grievance that the meagre rent of Rs. 400/- was very low. It was urged that "the buildings of this type can easily fetch a monthly rent of Rs. 5,000/-". It, therefore, prayed that "the officers concerned may kindly be directed to pay the rent at the rate of Rs. 5,000/- till the building is vacated." The Deputy Excise and Taxation Commissioner filed a reply. It was stated that the rent is Rs. 434/- per month and that it "cannot be increased by the undersigned and this can only be increased on the basis of assessment by the P.W.D. Authorities..."

(3.) WHILE the writ petition was pending, the District Bar Association, Sonepat, the present applicant, filed a Civil Miscellaneous application, viz. C.M. No. 26149 of 1999 for being impleaded as a co-petitioner. It appears that this application was allowed by a Bench of this Court vide order dated January 13, 2000.