Lt Colonel Vineet Mehta v. The Estate Officer and Ors

RAJIV SAHAI ENDLAW, J

SEPTEMBER 05, 2018 'pp'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 5th September, 2018. + W.P.(C) 3573/2017, CM No.2127/2018 (for stay) & CM No.4951/2018 (for direction/recall of order dated 27th April, 2017). LT COLONEL VINEET MEHTA ..... Petitioner Through: Mr. Mohan Kumar and Mr. Abishek Sarvaria, Advs. Versus THE ESTATE OFFICER AND ORS ..... Respondents Through: Mr. Vikram Jetly, CGSC with Col. A. K. Singh, SO (Legal). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition under Articles 226 and 227 of the Constitution of India impugns the order [dated 29th March, 2017 in PPA No.10/2016 of the Court of the Additional District Judge-01 (South-West) acting as Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)] of dismissal of appeal preferred by the petitioner against the order dated [6th October, 2012 of the respondent no.1 Estate Officer, Delhi Military Station] of eviction of the petitioner under Section 5 of the PP Act from House no.4, Tigris Road, Delhi Cantt. 2. This petition came up first before this Court first on 25th April, 2017 when it was adjourned to 27th April, 2017 when the following order was passed:- "1. Learned senior counsel for the petitioner submits on instructions that the petitioner is restricting his claim in this writ petition only to the recovery of the penal rent by the respondents. 2. Learned standing counsel for Central Government submits on instructions from Col. Neeraj Mohey, OIC, Legal Cell, Delhi High Court (Army) present in Court that the penal rent is recoverable by Military Engineering Services and Controller of Defence Accounts and as per his information, the penal rent has not yet been calculated. 3. On the oral prayer on behalf of the petitioner, respondents No.1 to 4 are deleted from the array of parties and Military Engineering Services and Controller of Defence Accounts are impleaded as respondents No.1 and 2. Let the amended memo of parties be filed within one week. 4. Issue notice to newly added respondents No.1 and 2 on the limited issue as to whether there is any infirmity in the respondent's claim for recovery of penal rent against the petitioner. Learned standing counsel accepts notice on behalf of respondents No.1 and 2. 5. Let the counter affidavit along with the computation of the penal rent recoverable from the petitioner be filed within a period of 8 weeks. Rejoinder within four weeks thereafter. 6. List on 30th August, 2017. 7. The petitioner's case on merits shall be considered after the computation of the penal rent is placed on record. Since the respondents have not yet even calculated the penal rent and the respondents are likely to take about 8 weeks to calculate the amount, the respondents shall withhold any coercive action against the petitioner to recover the penal rent till the next date of hearing. 8. The relevant official records be kept available by the respondents on the next date of hearing. 9. The record of the Appellate Court be requisitioned before the next date of hearing. 10. Copy of this order be given dasti to counsels for the parties under signature of Court Master." 3. The petitioner filed CM No.19083/2017 for modification of the order dated 27th April, 2017 and which came up before this Court on 19th May, 2017 when notice thereof was ordered to be issued. The respondents filed a counter affidavit. The application of the petitioner to restrain the respondents from recovering penal rent from the petitioner was dismissed on 30th August, 2017 observing, that the respondent Estate Officer till then had not determined the penal rent under Section 7(3) of the PP Act; liberty was however granted to the petitioner to approach the Court after the said determination and the proceedings under Section 7 of the Act before the Estate Officer were made subject to outcome of the petition. On 8th February, 2018 it was informed that the proceedings under Section 7 of the Act before the Estate Officer we