SHRI CHHOTEY LAL Vs. SHRI M. S. SHAMMI, COMPETENT AUTHORITY UNDER THE SLUM AREAS ACT, NEW DELHI, AND ORS.

JUDGEMENT

(1.) Chhotey Lal (since deceased and now represented by his legal representatives) has filed this writ petition on 3rd Nov. 1966, challenging the order of the Competent Authority (Slum Areas) Delhi, dated 17th Sept., 1966 by which he has granted permission to the landlord-decree-holder to execute the order for eviction which had been obtained by him against Chhotey Lal.

(2.) The material facts of the case briefly stated are that Chhotey Lal petitioner was a tenant of the second respondent who instituted a petition for eviction before the Controller, seeking eviction on two grounds, namely, non-payment of rent and unlawful subletting. Both these grounds prevailed with the Additional Controller who passed an order for eviction on 6th Feb., 1965. Thereafter the second respondent Landlord applied to the Competent Authority (Ist respondent herein) for permission to execute the order for eviction under section 19 of the Slum Areas (Improvement and Clearance) Act, 1956. This permission has been granted by the Competent Authority by the impugned order. The Authority held that the petitioner was not utilising the premises himself and had sublet them and that his eviction from the premises in dispute would not create any further Slums as it consisted only of one room and one tin posh and he could secure alternative accommodation for his cows and buffaloes as his income from the dairy was substantial.

(3.) The petitioner in the writ petition has challenged the said order on the ground that the Competent Authority, (1st respondent) has misdirected himself by treating the premises in dispute as having been let out for residential purposes while in fact they were let out for non-residential purposes and so his order suffers from an error apparent On the face of the record and must be quashed. The writ petition has been opposed on behalf of the landlord (2nd respondent). During the course of proceedings, Chhotey Lal petitioner died on 22nd July, 1970 and his legal representatives have been brought on record.