High Court of DelhiW.P.(C)/6712/2016

Vidya Bhushan Gupta v. Union Of India And ORS

2016-08-022 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6712/2016 & C.M. Nos.27512-13/2016 VIDYA BHUSHAN GUPTA ..... Petitioner Through Mr. Arvind K. Nigam, Sr. Adv. with Mr.

Sanjeev Mahajan, Adv.

versus UNION OF INDIA AND ORS ..... Respondents Through Mr. Sanjay Jain, ASG with Mr. Sanjeev Narula, CGSC, Mr. Ajay Kalra, Ms Shreya Sinha, Mr. Abhishek and Ms.

Pallavi, Advs for UOI.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 02.08.2016 After some arguments, learned senior counsel for the petitioner states that the petitioner undertakes to vacate the subject property on this petition which is Bungalow No. 109, New Moti Bagh, New Delhi on or before 31.10.2016 irrespective of any future event which may take place which includes the submission made by the learned senior counsel for the petitioner that the application of the petitioner is pending before the Competent Authority seeking extension of time up to the age of 70 years. This Court has been informed that the petitioner had demitted his office on 01.04.2016. Orders were passed by the Estate Officer under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 2014 on 25.07.2016. Attention has been drawn by the learned senior counsel for the petitioner to a communication dated 18.03.2016 sent to the petitioner wherein damages have been claimed w.e.f. 01.05.2016 at the rate of Rs.1,01,039/- per month.

Learned senior counsel for the petitioner points out that it is

unimaginable and un-understandable how a communication had been sent by the authorities to the petitioner on 18.03.2016 not withstanding the fact that the petitioner was admittedly in his office up to 01.04.2016. This aspect shall be considered by the respondents. It does not appear to be in good taste.

The undertaking of the petitioner is noted. His undertaking to vacate the allotted Bungalow on or before 31.10.2016 and to pay the damages as demanded by the respondents (in its communication dated 18.03.2016) at the rate of Rs.1,01,039/- is also noted. This undertaking shall be furnished on affidavit before this Court within a period of one week with an advance copy to the learned counsel for the respondents and on this affidavit being filed, no coercive action will be taken up to 31.10.2016..

No further orders are called for on this petition. It is disposed of accordingly.

INDERMEET KAUR, J AUGUST 02, 2016