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2022 Supreme(Del) 1713

YASHWANT VARMA
Roshan Lal – Appellant
Versus
D. D. A. (Delhi Development Authority) – Respondent


Advocates appeared:
Kamlesh Kumar Mishra, Advocate, Prabhsahay Kaur, Advocate

JUDGMENT

Yashwant Varma, J. - The petitioner challenges the order of 19 September 2014 passed by the appellate authority in proceedings initiated under the provisions of the Public Premises (Eviction of Unauthorised Occupants) act, 1971 [act]. The appellate authority has affirmed the order of eviction as framed by the Estate Officer in terms of the provisions made under Section 5 of the act. It has essentially found that the petitioner here claimed an interest in the public premises by virtue of being a member of the Delhi Peasant Multipurpose Society Limited [Society]. admittedly the lease that was executed by the Delhi Development authority [authority] in favour of the Society had come to an end by efflux of time. The authority thereafter proceeded to direct it to hand back possession of the leased land. Since its numerous members including the petitioner failed to vacate the subject premises, proceedings under the act came to be initiated and which ultimately culminated in the passing of eviction orders by the Estate Officer. It is in the aforesaid background that the appellate authority came to hold that since the petitioner claimed a right to occupy and cultivate the land const

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