J.L. Gupta, J. - (1.) The four petitioners claim that they are tenants of the premises bearing SCO No. 20, Sector 11, Panchkula. The notices dated April 18, 2000 issued by the Haryana Urban Development Authority under Sec. 18 of the Haryana Urban Development Act, 1977 (hereinafter referred to as "the Act") calling upon them to vacate the premises, copies of which have been produced as Annexures P -3 and P -4, are illegal. Thus, they pray that the notices be quashed and the respondent -Authorities be restrained from interfering with their peaceful possession.
(2.) The claim made on behalf of the petitioners have been controverted in the written statement filed on behalf of the respondents. It has been inter alia averred that the premises had been initially allotted to M/s Suresh Chand and 3 others. They had failed to pay the instalments. As a result, the Authority had resumed the premises, vide order dated November 11, 1991. The allottees had challenged this order by filing Civil Writ Petition No. 16494 of 1992 in this Court. They had undertaken to make the payment. The amount was not paid. Thereafter, C.W.P. No. 12810 of 1996 was filed. It was dismissed. SLP (C) No. 24949 of 1996 was also dismissed. Even an application for review filed in the High Court was dismissed. After the order of resumption, the allottees could not have inducted any tenant nor can the petitioners claim any right in the premises. On this basis, the respondents pray that the writ petition should be dismissed.
(3.) Mr. Ashok Gupta, learned counsel for the petitioners, contends that the petitioners are tenants on the premises. A Rent Deed had been executed on August 19, 1999. A part of the premises had been taken on rent at the monthly rent of Rs. 28,000/ -. In view of the provisions of Sec. 18 (1) (b) of the Act, the petitioners were entitled to be heard before they were asked to vacate the premises. Notices having been issued in conformity with the provision as contained in Sec. 18 (1) (b) of the Act, the respondents are not entitled to evict the petitioners.;