'Bouncers Being Sent To Evict Govt Officers' : Centre Tells Supreme Court Challenging Vacation Orders Against Flats Of Officers Near Khan Market

The Chief Justice of India NV Ramana on Friday expressed astonishment after being informed that bouncers were being sent for eviction of properties occupied by Government Officers.

Solicitor General of India Tushar Mehta informed the Court that the Union of India has moved the Supreme Court against an order which has permitted the other party to get the premises occupied by the Government officer vacated. Further, in pursuance of the impugned order bouncers are being sent to vacate the property.

"Union of India is before your Lordship, there's a Property near Khan market occupied by Government, the order permits other side to get it vacated, they are sending bouncers", SG Mehta submitted.

"How can they send bouncers against the officers of the Government of India?" the Chief Justice of India asked.

"It is unfortunate", the SG said

SG Tushar Mehta was seeking an urgent listing of a special leave petition filed challenging Delhi High Court's Order affirming decision of the Additional Rent Control Tribunal directing Union of India to make the payment of unpaid arrears of rent owed to the respondent Sir Sobha Singh and Sons Private Ltd.

The CJI allowed the listing of the matter on April 5.

The Centre has submitted that the Tribunal erroneously held that the contested property was covered under the provisions of the Delhi Rent Control Act. It is argued that the Grants Act is a special statute, and hence it would prevail over other statutes and so, the provisions contained in the Grants Act will have an overriding effect on the provisions contained in the DRCA.

The Government has argued that in case a grant is executed by the Government with respect to a property, in essence it is a Government property demised for a specific purpose of public welfare. In this regard, the Government is the paramount title holder i.e., the owner of such property for which grant has been executed and the person to whom such property has been demised, is merely a lessee i.e., the Respondent in the instant case.

The Union of India has submitted that pursuant to the 'erroneous order', the bailiff of the Court along with the police personal visited the disputed premises and mercilessly executed the eviction order in blatant violation of rule of law. Further, one of the allottee of flat even requested for police protection against any harm to property or life or family.

It has been submitted that the Union of India through Directorate of Estates, needs to surrender/ vacate various flats and garages, out of which 13 flats are where officers of higher ranks of the Central Government presently residing.

It has been submitted that as on date, Directorate of Estates is facing an acute shortage of General Pool Residential Accommodation due to an ongoing re- development of seven governmental colonies.

The dispute pertains to execution of a perpetual lease deed dated 04.12.1944 by the Governor General in Council (Lessor) between Sardar Bahadur Sir Sobha Singh and Sons Pvt. Ltd. (lessee) for two plots situated on North and South Sujan Park, New Delhi on the understanding that up to 50% of the flats would be rented out to the Government at nominal rates.

The present Respondent had served a notice upon the Union of India dated 14.01.1991, calling upon them to pay the unpaid arrears of rent (since 1989) within a period of 2 months.

Thereafter, it instituted an eviction petition on which the ARC passed an order dated 08.07.2004 holding the Union of India liable to make payments towards the unpaid arrears of rent owed to the Respondent, within a period of 1 month.

Further, the ARC passed an order of eviction dated 14.02.2005, in respect of 5 single bed room flats, 9 double bed room flats, 39 servant quarters and 25 garages situated on North and South Sujan Singh Park, New Delhi. An appeal filed before the Additional Rent Control Tribunal, Delhi against the orders was dismissed.

When the matter was remitted back to the Tribunal on Supreme Court's orders in a petition moved by the Government, the Tribunal affirmed the decision of the ARC while suspending the execution of the order for a period of six months, provided that the instant Petitioner pays the arrears of rent recoverable by the Respondent with interests and costs.

The Petitioner thereafter filed an appeal before the Delhi High Court against the order dated 01.09.2007 passed by the Tribunal which was dismissed with the direction that the execution of the order is stayed till until 31.12.2020 subject to the Petitioner complying with the conditions of payment.

Case Title: Union of India vs Sir Sobha Singh and Sons P Ltd.

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