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GIRISH KATHPALIA
Anil Kumar – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
Girish Kathpalia, J. -These writ petitions based on same legal and factual matrix are taken up together. Except the writ petition WP(C) 12433/2022 titled 'M/s Khanna Associates Pvt. Ltd. vs Delhi Development Authority & Ors', the remaining writ petitions were filed to assail the orders dated 30.05.2019 of the Estate Officer under Sections 5 & 7 of the Public Premises (Eviction of Unauthorized Occupants) Act and orders dated 08.09.2021 of the learned Principal District & Sessions Judge, Rohini Courts, Delhi in appeals under Section 9 of the Act, the said impugned orders being almost copy paste in view of same legal and factual matrix. The writ petition WP(C) 12433/2022 was filed to assail demolition order and letter dated 23.08.2022 of the respondent DDA issued in furtherance of orders under Section 5 of the Act. I heard learned counsel for both sides.
2. Briefly stated, circumstances relevant for present purposes, as extracted from pleadings and records are as follows.
2.1 The petitioners are occupants of different premises constructed on different portions of land bearing Khasra No. 407 min in the Revenue Estate of Village Malikpur Chhawani on GT Karnal Road, Delhi (hereinaf
The central legal point established in the judgment is that the nature of payments made by occupants, coupled with evidence of regularization or lawful occupation, determines their status as authoriz....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
Government agencies must meet the same standards as private parties when seeking to condone delays; the safeguarding of public land is paramount in legal proceedings.
High Courts' jurisdiction under Articles 226 and 227 requires proving gross illegality or irregularity for intervention; cancellation of lease upheld based on violations of lease conditions.
Writ jurisdiction under Articles 226 and 227 is limited to reviewing the legality of process rather than re-evaluating facts. Eviction upheld for breaches of lease conditions.
Unauthorised occupation of public land, rejection of alternative allotment under the Gadgil Assurance Scheme, and lack of right, title, or interest over the land in question.
The eviction under the Public Premises Act was upheld as lawful, with sufficient notice and adherence to due process, and claims of bias against the Estate Officer were rejected.
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