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MINI PUSHKARNA
Parimal Rai Ex-Chairman – Appellant
Versus
New Delhi Municipal Council Palika Kendra New Delhi – Respondent
JUDGMENT :
[Mini Pushkarna, J.]
1. The present writ petition has been filed on behalf of the petitioner with prayer for quashing and setting aside the judgment dated 23.12.2022 passed by the learned Principal District and Sessions Judge, Patiala House, New Delhi in PPA No. 25/2022 and order dated 18.11.2022 issued by the learned Estate Officer in Case No. 08/EO/(MH)/2022.
2. By way of judgment dated 23.12.2022, learned Principal District and Sessions Judge upheld the order dated 18.11.2022 passed by the learned Estate Officer by which eviction order has been passed against the petitioner herein.
3. When the matter was listed for hearing on 26.12.2022 before this Court, an undertaking had been recorded on behalf of the petitioner that the petitioner may be permitted to vacate the premises by 31.01.2023. Thus, orders were passed by this Court directing the learned Additional Standing Counsel for NDMC to seek instructions with respect to the request made on behalf of the petitioner.
4. Thereafter, on 05.01.2023, learned Additional Standing Counsel for respondent made categorical statement before this Court that he has instructions to state that the respondent- NDMC had no objection if
Court allows limited time for eviction when petitioners' representations under Tamil Nadu Highways Act remain unconsidered.
E-mail notice not permitted under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Possession taken beyond the specified period from the date of service through e-mail is illegal. ....
Court granted limited two-month extension for tenant vacation, balancing needs against decree enforcement.
An undertaking to vacate provided to the Court by a tenant is binding; courts will reject extension requests lacking bona fide effort and will not settle disputed advance refund claims through summar....
The High Court exercises judicial discretion to modify timeframes for compliance with its own previous orders when practical circumstances justify a final, limited extension.
Legitimate occupancy of public premises requires proof of formal allotment; unauthorized occupation cannot be maintained in the absence of legal entitlement.
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