PRAKASH TEKRIWAL Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner-appellant (hereinafter referred to as petitioner) and Union of India, both are aggrieved of order dated 21.06.2016 passed in W.P.(C) No.2826 of 2016 with W.P.(C) No.2352 of 2016. L.P.A. Nos. 315 of 2016 and 316 of 2016 are by Union of India; L.P.A. No.315 of 2016 is directed against the observation in W.P.(C) No.2826 of 2016, where under the legal heirs of the deceased lessee have been permitted to make claim for compensation for the premature termination of the lease and L.P.A. No.316 of 2016 is directed against the alleged favourable observation in W.P.(C) No.2352 of 2016 made in favour of the writ-petitioner and challenging the locus standi of the writ-petitioner to claim any right under lease agreement.

(2.) At the outset, we may point out that the appellant-Union of India has made additional prayers in the Letters Patent Appeals filed by it, to the effect that the writ-petitioner be suitably censured and directed to be evicted from the premises in question immediately. In view of the issue which was before the Writ Court, i.e., challenge to the notices dated 05.02.2016 and 02.05.2016, we decline to adjudicate the additional prayers made by Union of India in its appeals.

(3.) The facts pleaded in the present proceeding, which are not in dispute, disclose execution of a lease-deed in favour of Atma Ram Agarwal for a period of 20 years, extendable for a further period of 20 years on mutually agreed terms, on yearly payment of Rs.1,58,000/per year. The lessee namely, Atma Ram Agarwal who is the father of the petitioner died on 04.10.2014. The termination notice under Clause V was issued on 05.02.2016 to the lessee Shri Atma Ram Agarwal and subsequently, notice dated 02.05.2016 was issued by the Divisional Engineer (South), South Eastern Railway requiring the lessee to submit claim for compensations prior to vacation of the leased property within 180 days of termination notice dated 05.02.2016. The aforesaid two notices were challenged by the petitioner in W.P.(C) No.2826 of 2016 and W.P.(C) No.2352 of 2016.