Devendra Pratap Singh, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS petition is directed against concurrent orders dated 29.11.1997 and 6.9.2003 by which an application for demolition and reconstruction of the disputed premises under Section 21(1)(b) of U.P. Act No. 13 of 1972 has been allowed by both the courts below. 2A. It appears that respondent -landlord preferred an application registered as P. A. Case No. 26 of 1981 before the prescribed authority for release of the disputed accommodation under Section 21(1)(b) of the Act inter alia with the allegation that she had purchased the disputed premises through a registered sale deed dated 19.9.1980 which was more than 80 years old and was also in a dilapidated condition and, therefore, was required for demolition and reconstruction. The said application was contested by the petitioner tenant inter alia stating that there was no compliance of the mandatory provisions of Rule 17 of the Rules framed under the Act and building was not in a dilapidated condition requiring reconstruction and in fact has a life of at least 25 years more. During the proceedings before the prescribed authority a report was submitted by the respondent -landlord with regard to the condition of the building. After contest the application was allowed vide order and judgment dated 29.11.1997. Aggrieved, the petitioner preferred an appeal wherein he made an application for appointment of an advocate Commissioner for inspecting the disputed premises which was rejected and subsequently by order dated 6.9.2003, concurring with the findings recorded by the prescribed authority the appeal was also dismissed.
(3.) THIS petition was also dismissed by this Court on 13.2.2007 on misconception of facts but on an appeal the Apex Court set aside the order of the High Court and remitted it back with the observation that this Court should appoint an Engineer Commissioner for inspection of the disputed premises and after receipt of the report, it directed that the petition be reheard in accordance to law and be decided within two months.;