Delhi High Court S. Rajdeo Singh And Others vs Union Of India And Others on 26 April, 1990 Equivalent citations: AIR1991DELHI1, ILR1990DELHI220, AIR 1991 DELHI 1, ILR(DEL) 1990 (2)DEL220, (1990) 2 RRR 113, (1992) 7 LACC 91, (1990) 2 DL 312, (1990) ILR 2 DEL 220 ORDER P. N. Nag, J. 1. In this writ petition, the petitioners have prayed for a writ of ,mandamus directing the respondents to deliver the possession of Flat No. G2, Connaught Circus, New Delhi, presently in occupation of respondent No. 6, to them and also for quashing the proceedings pending before the Estate Officer, Shri B. Chakravarty, respondent No. 5, and the appeal pending before Shri S. M. Aggarwal, Additional District Judge, Delhi, respondent No. 7. 2. The facts, in brief, are that the Flat No G2 (now Flat No. G73), Connaught Circus, New Delhi consisting of four rooms, one kitchen, one bathroom, verandah and courtyard on the first floor, which are stated to belong to the petitioners, was requisitioned 'by the Collector in 1948 when it was in possession of Sangeet Bharati Authority. It was further requisitioned by the Government under the Requisitioning and Acquisition of Immoveable Property Act, 1952 (hereinafter referred to as 'the 1952 Act) vide order of the Deputy Commissioner/ Collector dated 16th April, 1960 for carrying on the activities of Natya Ballent Centre (Bhartiya Natya Sangh). The possession thereof was ordered to be delivered to the said Centre with effect from 9th April, 1960. Natya Ballent Centre also vacated the said flat and it was allotted to Shri Vidya Dharam and then to Shri K. P. Khanna, Magistrate First Class. Due to his transfer from Delhi Admn., the said flat was then allotted to Shri P. P. Sharma, the then Judicial Magistrate First Class, Parliament Street, New Delhi vide allotment letter dated 11th June, 1972 (Ann. P2 to the writ petition) as a licensee and license fee, if any, was to be charged from him under the normal rules. It is further alleged that the physical possession of the, said flat was taken over by the Requisitioning Authority (for short R. A.) 6, 17 from one Shri J. N. Sapru, who was at that time the tenant of the petitioner No. 1, and as such, he should be deemed to be in constructive possession of the property and is entitled to be restored the possession at the time of requisitioning. The period for which the premises could be kept under requisition under the 1952 Act (as amended by Amendment Act No. I of 1970 w.e.f. 1131970) expired and came to an end on 10th March, 1987. By the Amendment Act of 1985, the words "15 years" were substituted for "17 years" in S. 6 of the Act. This period accordingly expired on 10th March, 1987. Shri G. S. Chima, Collector of Delhi, vide order dated 6th March, 1987 derequisitioned the said flat and ordered to hand' over vacant possession to the landlord/ lady after vacation by the present allottee, i.e., respondent No. 6. A copy of this order was sent to respondent No. 6 with a direction to hand over vacant possession of the flat to the office of the Collector immediately. The allotment of the residential accommodation in respect of the flat No. 2G, Connaught Place, New Delhi in favor of Shri P. P. Sharma, respondent No. 6, was cancelled by the Asstt. Housing Commissioner (PWD) vide letter No. P.6/ 12/ 86PWD dated 4th March, 1967 and he was provided alternative accommodation in Mayur Vihar vide order dated 4th March, 1987 (Ann. P4 to the writ petition). Sint. Saraswati Sharma, wife of respondent No. 6, filed Suit No. 40/ 87 against petitioner No. 1 for permanent injunction restraining him from dispossessing her and her family members from the flat in question. On the ground that she had been living in the flat which was allotted to her husband and that taking advantages of the alleged serious condition of her husband in the hospital, petitioner No. 1 tried to dispossess her and her family members from the said flat. Status quo granted vide order dated 11th March, 1987 was vacated vide order dated 25th March, 1987 (Ann. P5 to the writ petition). Vide order dated 15th April, 1987, the Officerincharge (Requisition) directed the S.H.O., Connaught Place to help the bailiff to get the premises vacated from respondent No. 6 so that the same could be restored to the landlord. On 3rd April, 1987 the wife of respondent No. 6, Saraswati Sharma, withdrew the suit No. 40/ 87 and the same was dismissed as withdrawn by the Court. in spite of the dismissal of the suit, respondent No . 6 did not vacate the premises. Thereafter, it appears, instead of invoking the provisions of S. 6(2) of the 1952 Act for delivery of possession to the petitioners, the proceedings were initiated under S. 4(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'P.P. Act) before the Estate Officer, Delhi. It appears that the Estate Officer passed an order on 26th October, 1987 under S. 9(2) of the P.P. Act against whi