Judgment

SEN, JJ.

( 1 ) THIS appeal by special leave directed against the judgment and order of the Delhi High Court dated 11/09/1985 raises a question of frequent occurrence. The question is whether where a Government servant retains accommodation allotted to him under SR 317-B-11 beyond the concessional period of two months permissible under sub-r. (2) thereof, the liability to pay damages equivalent to the market rent for the period of such unauthorised occupation under SR 317-B-22 is contingent upon the Directorate of Estates serving a notice upon him that he would be liable to pay market rent for retention of such accommodation as held by the High Court.

( 2 ) PUT very briefly, the essential facts are these. In the year 1968 the respondent who was then a Squadron Leader in the Indian Air Force on being posted at the Headquaqers, Western Command, Palam, Cantonment, Delhi, applied on 9/05/1968 for allotment of accommodation in the Curzon Road Hostel, New Delhi. In the application for allotment he gave a declaration that he had read the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 and the allotment made to him shall be subject to the said Rules, including