W.P.(C) 7125/2022

Page 1 of 39

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 25^th May, 2022

Pronounced on: 30^th August, 2022

+

W.P.(C) 7125/2022 & CM APPL. 21872/2022

AJAY BERI

..... Petitioner

Through:

Mr. Ravinder Sethi, Sr. Advocate

with Mr. Badal Dayal and Mr.

Puneet Sharma, Advocates

versus

ESTATE OFFICER-III (DELHI URBAN SHELTER

IMPROVEMENT BOARD) & ANR

..... Respondents

Through:

Mr. Parvinder Chauhan, SC with

Mr. Sushil Dixit, Advocates for

DUSIB/R-1.

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant petition under Article 226 read with Article 227 of the

Constitution of India has been filed on behalf of the petitioner seeking

following reliefs:-

“a) Issue appropriate writ, order or direction in the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003320

W.P.(C) 7125/2022

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Village, Delhi.”

FACTUAL MATRIX

2.

The brief facts of the case are as under:-

i.

In the year 1957-58, the petitioner's late father, became the lessee

in respect of property bearing Khasra No.824 (measuring 3 Bighas

10 Biswas), Khasra No.825 (measuring 0 Bighas 16 Biswas) and

Khasra No.826 (measuring 0 Bighas 17 Biswas), now known as

6/3, Rohtak Road, Near Madipur Village, Delhi. The said land was

later on bought by his father vide registered sale deed dated 30^th

November 1967 executed by the erstwhile owners Sh. Dharm Bir

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003320

W.P.(C) 7125/2022

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and Sh. Manohar Lal, both sons of Sh. Tulsi Ram for a total

consideration of Rs. 36,000/-, which was duly registered vide

registration No. 4297, Book No. I, Volume No. 886 pages 96 to

100. The said land was used by petitioner‟s father for industrial

purposes under the name of M/s Imperial Technical Works for

manufacturing of original parts of Lamberetta, Vespa Scooters and

Rajdoot Motorcycles.

ii.

On 13^th November 1959 a notification under Section 4 of the Land

Acquisition Act, 1894 (hereinafter “LA Act”) was issued whereby

the property in question was sought to be acquired by the

DDA/Slum Wing for development purposes, followed by a

notification under Section 6 of the LA Act dated 10^th June 1963. It

is alleged that vide Award No. 1691 dated 23^rd March 1964 the

said land was acquired and the formal possession of the aforesaid

mentioned Khasras were taken over by the then Tehsildar, JJ,

MCD from Land & Housing Department on 10^th June 1965 under

JJR Scheme, Madipur. The aforesaid land has been transferred to

MCD, Slum Clearance Scheme on 10^th June 1965.

iii.

The concerned Estate Officer VIII (S&JJ) passed an order dated

22^nd September 2008 under Section 5(1) of the Public Premises

(Eviction of Unauthorised Occupants) Act, 1894 (hereinafter “PP

Act”). The order dated 22^nd September 2008 was challenged before

District Judge-III (West)/ARCT, Delhi and vide order dated 31^st

March 2009 the matter was remanded back to the Estate Officer for

reconsideration with the directions to allow the petitioner to file a

rejoinder and allow parties to lead evidence and then, to decide the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003320

W.P.(C) 7125/2022

Page 4 of 39

case on merits. The parties were directed to appear before the

Estate Officer on 13^th April 2009.

iv.

After the matter was remanded back by the District Judge, the

Estate Officer passed the order dated 2^nd April 2013, whereby the

petitioner was held to be “unauthorized occupant”, as has been

defined under Section 2(g) of the PP Act of the premises in

question and an order was passed under Section 5(1) of the PP Act

directing the petitioner to vacate the premises within 15 days of the

publication of the order with a further direction to the Department

to assess the damages for unauthorized occupation by the petitioner

or anyone claiming under hi