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1997 DIGILAW 628 (ALL)

State Of U P v. Additional District Judge Dehradun

1997-05-23

S.N.AGGARWAL

body1997
JUDGMENT (1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 20-9-1993 whereby the Prescribed Authority has allowed the application of the landlord filed under Section 21 (1) (b) of U. P. Act No. XIII of 1972 and the order dated 22-4-1997 passed by the Respondent No. 1 dismissing the appeal against the aforesaid order. (2.) THE landlord filed an application under Section 21 (1.) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) alleging that the building is an old one and requires reconstruction and after reconstruction the said building will be used for his personal purpose. THE petitioner contested the said application and it was denied that there was any need of the landlord and the building was not in a dilapidated condition. THE Prescribed Authority, after considering the material evidence on the record and the reports of the architect engineer, came to the conclusion that the building is in a dilapidated condition and requires reconstruction. THE landlord has complied with the requirements of Rule 17 of the Rules framed under the Act. It was held that the application has been filed under Section 21 (1) (b) of the Act and the question of need of the landlord does not arise. THE petitioner filed appeal and the appeal has been dismissed by Respondent No. 1 on 22-4-1997. I have heard Sri B. K. Pandey, learned counsel for the petitioner, and Sri Rajesh Tandon, learned counsel for the Respondent. (3.) LEARNED counsel for the petitioner urged that the finding recorded by respondent No. 1 that the building in question is in a dilapidated condition is erroneous. I have perused both the orders and I do not find that the finding is erroneous in law. Both the authorities have recorded a finding that the building is in a dilapidated condition and requires reconstruction. The findings are based on the reports of the engineers. (4.) THE next submission of learned counsel for the petitioner is that there is no compliance of Rule 17 of the Rules framed under the Act and there is no map, estimate of expenditure of demolition and reconstruction. It has been found by both the authorities that the map has been prepared for reconstruction and there is sufficient fund with the landlord to reconstruct the building. It has been found by both the authorities that the map has been prepared for reconstruction and there is sufficient fund with the landlord to reconstruct the building. Learned counsel for the petitioner in the end submitted that no period has been specified for reconstruction and the Sales Tax Department has its office in the disputed building. In Masjid Kacha Tank, Nahan v. Tuffail Mohammed, AIR 1991 SC 455 , the Supreme Court made the following observation: - "we, however, direct that the landlord/appellant shall take effective steps for completing reconstruction of the building within a reasonable period i.e. six months from the date the tenant/respondent vacates the building. The tenant is, however, given time till 31st March, 1991 to vacate the premises. We further direct the landlord/appellant to commence the construction work, if possible, the portion occupied by the tenant, immediately after his vacating the said premises. " (5.) LEARNED counsel for the petitioner submitted that the landlord is alleged to have submitted a map which may be used for residential purpose. LEARNED counsel for the petitioner has filed a supplementary affidavit and from the proposed map it has not been shown that it cannot be used for office purpose. (6.) THE next submission is that the landlord has not town that he has obtained sanction from the authority concerned for construction of the building. THE maps may conform to the bye-laws but unless it is sanctioned by the appropriate authority, the landlord may say that he is unable to construct and that will take a long time. THE argument of the learned counsel for the petitioner is justified. Considering the facts and circumstances of the present case, the writ petition is dismissed as regards the order of demolition and reconstruction is concerned but the petitioner shall hand over possession within a month from the date the map is sanctioned by the appropriate authority and the intimation to this effect is given to the petitioner as well to the Prescribed Authority, Respondent No. 2. The Prescribed Authority on finding that the map has been duly sanctioned shall order the petitioner to vacate within one month. On such vacation respondent No. 3 shall construct the building as proposed by him, possibly within six months and after reconstruction shall offer it to the petitioner. (7.) THE writ petition is dismissed subject to the directions and observations made above. On such vacation respondent No. 3 shall construct the building as proposed by him, possibly within six months and after reconstruction shall offer it to the petitioner. (7.) THE writ petition is dismissed subject to the directions and observations made above. Petition dismissed subject to certain directions.