Tara Singh vs Govt. of NCT of Delhi and Others

Gita Mittal, J.—This writ petition has been filed by the petitioner assailing an order dated 5th January, 2006 whereby allotment of the Quarter No. 194, Type 1, Gulabi Bagh, Delhi has been cancelled in the name of Shri Rajinder Singh as allottee on the ground of "Unauthorised subletting of the said government accommodation/garage by you".

Mr. R.K. Saini, learned Counsel for the petitioner, submits that Shri Rajinder Singh was the erstwhile employee of the respondent who was allotted this flat. Unfortunately, he was declared missing as back as on 9th August, 1989 and thereafter, the petitioner was given compassionate appointment against his employment on 27th February, 1999. Pursuant to this employment, allotment of the flat was regularised on 8th January, 2004 in favour of the petitioner. The petitioner has stated that he is residing in the subject premises with his family ever since.

It is further submitted that regularisation of the allotment in favour of the petitioner was effected by the respondent pursuant to the orders dated 18th July, 2003 passed in W.P. (C) No. 3103/2001 which have been filed for this purpose by the petitioner.

The petitioner has also submitted that he has made payment of all charges and had not committed any breach of terms of the allotment.

It appears that the respondents have passed an order dated 5th January, 2006 which reflects Shri Rajinder Singh as allottee of the Quarter No. 194, Type 1, Gulabi Bagh, Delhi and cancellation of the allotment has been effected on the ground of unauthorised subletting by him. At the same time, the respondents have initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1972 against the petitioner who has received a notice dated 17th November, 2005 in this behalf. The petitioner has assailed the initiation of the proceedings and the order dated 5th of January, 2006 by way of the present writ petition.

From the foregoing facts, I find that it is an admitted position that Shri Rajinder Singh is missing since 1989 and is not residing in the subject quarter. The allotment was regularised by the respondent in favour of Shri Tara Singh, the petitioner herein, who is stated to be residing in the above mentioned quarter. The order dated 5th January, 2006 was passed without issuance of notice to the allottee, namely the present petitioner, resulting in the erroneous cancellation of the allotment in the hands of Shri Rajinder Singh who was not even the allottee. This order suffers therefore not only non-application of mind but is rendered illegal also being in violation of the principles of natural justice.

In this view of the matter, certainly the respondent cannot maintain any proceedings based on an order which is without jurisdiction and illegal. The petitioner has also assailed before this Court a notice dated 17th November, 2005 issued to the petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 on the ground that the same is without any basis and has been issued without application of mind. There is force in the stand of the petitioner against the order dated 5th January, 2006 and the proceedings initiated against the petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

The proceedings initiated against the petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 1972 based on the allegations of unauthorised subletting in the hands of Shri Rajinder Singh are hereby set aside and quashed. The order dated 5th January, 2006 is also set aside and quashed on the ground that the same has been passed without application of mind and is illegal as such.

In case the petitioner is found to be violating any terms of the allotment, the respondents are required to take action in the matter in accordance with law.

This writ petition and application are allowed in the above terms.