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2014 DIGILAW 3759 (ALL)

Pawan Kumar v. Additional District Judge IV

2014-12-16

MAHENDRA DAYAL

body2014
JUDGMENT Mahendra Dayal,J.: - Heard learned counsel for the parties. 2. The instant writ petition has been filed by the tenant-petitioners for quashing of the order dated 18.05.2006 passed by the IV Additional District Judge, Faizabad in Misc. Civil Appeal No.11 of 2003 and the order dated 19.02.2003 passed by the Prescribed Authority/Civil Judge Sadar (Junior Division), Faizabad in P.A. Case No.36 of 1992. 3. The brief facts of the case are that the opposite party no.3-landlord moved an application for release of the premises in question on the ground that the building is in dilapidated condition and is required for demolition and reconstruction. The petitioners-tenant contested the case, but the learned Prescribed Authority found that the building was in dilapidated condition and was required for demolition and reconstruction and accordingly allowed the release application by the order dated 19.02.2003. 4. Feeling aggrieved by the order of the Prescribed Authority, the tenant-petitioners preferred an appeal before the District Judge, Faizabad, which was dismissed by the judgment and order dated 18.05.2006. 5. During the course of arguments before this Court, the petitioners expressed their willingness that they are ready to vacate the premises under their occupation provided the opposite party no.3-landlord let out the building again after its reconstruction within a time frame fixed by this Court. 6. Sri S.K.Mehrotra appearing on behalf of opposite party no.3-landlord has submitted that prior to the filing of the release application in the year 1992, the map for the proposed new construction was sanctioned by the competent authority, but since then a period of more than 20 years has elapsed and as such the sanction granted by the competent authority has expired. Now the landlord-opposite party no.3 will have to apply for the sanction of map again and it may take sometime and thereafter at least a period of one year is required for demolition of the building and its reconstruction. 7. Mohd. Now the landlord-opposite party no.3 will have to apply for the sanction of map again and it may take sometime and thereafter at least a period of one year is required for demolition of the building and its reconstruction. 7. Mohd. Arif Khan, learned Senior Advocate appearing on behalf of the petitioners has submitted that the opposite party no.3-landlord may apply for sanction of map for the proposed construction and may inform him about the sanctioning of the map and within a month from the date of receiving such information, they will vacate the premises in their occupation and thereafter the opposite party no.3-landlord may reconstruct the building within a year and let out the same to them, to which Sri S.K.Mehrotra, learned counsel for the opposite party no.3-landlord has fairly agreed. 8. In view of above, the writ petition is finally disposed of with the direction that the opposite party no.3-landlord shall, after sanction of map, inform the petitioners-tenant in writing intimating them that the map has been sanctioned and the petitioners-tenant shall vacate and handover peaceful possession of the building in their occupation to the opposite party no.3-landlord within a month from the date of receipt of notice and the opposite party no.3-landlord shall raise new construction in accordance with the sanctioned map within a year. It will be open for the petitioners-tenant to apply before the District Magistrate under Section 24 of the U.P.Act No.13, 1972 for re-allotment and fixation of rent. It is further provided that in case, the opposite party no.3-landlord fails to reconstruct the building within a year from the date of its vacation by the petitioners-tenant, the opposite party no.3-landlord shall be liable to pay compensation to the petitioners-tenant @ Rs.2000/- per month beyond the period of one year calculated from the date of expiry of one year from the date, the petitioners-tenant vacate and handover possession of the building to the opposite party no.3-landlord.