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1993 Supreme(SC) 884

K.RAMASWAMY, N.P.SINGH
Jiwan Dass – Appellant
Versus
Life Insurance Corporation Of India – Respondent


ORDER

1. The appellant was inducted in 1949 as a tenant on the ground floor admeasuring 408 sq. ft. of the premises known as Bharat Building, at 8, Darya Ganj, Delhi on monthly tenancy at a rent of Rs 15 excluding electricity and water charges. Notice was issued to the appellant determining the tenancy under Section 106 of the Transfer of Property Act and, therefore, action was initiated under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for short the Act for eviction of the appellant from unauthorised occupation. The appellant filed Writ Petition No. 2391 of 1983 in the Delhi High Court. The Division Bench summarily dismissed it on October 28, 1983. Thus this appeal, by special leave.

2. Shri R.K. Jain, learned senior counsel for the appellant contends that the respondent-Corporation being a public authority, before initiating the action under Section 5 of the Act, is enjoined to assign reasons which must be just and germane for the purpose of its exercise and its reasonableness must be tested on the touchstone of Article 14 of the Constitution. He further contends that unless the public authority justifies its action taken under Section 5(1) of





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