EAST INDIA HOTELS LTD. AND ANR. Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) Six suites of the Petitioners in Hotel Oberio Cecil at Chaura Maidan, Shimla was requisitioned in the year 1965 by the competent authority, namely, Deputy Commissioner, Shimla under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the Act') for accommodation of the army officers. By order dated 24 -9 -1982 vide Annexure P -1, the Deputy Commissioner assessed the rent at Rs. 1 per sq. feet and thereafter fixed the rent for each suit separately. The army authority used to pay the rent accordingly without any objection. Thereafter, for the period from 1 -1 -1984 to 30 -6 -1984, the army authority sent a cheque for Rs. 29,049 to Respondent No. 3, i.e. the Deputy Commissioner as payment of rent for the above suites, but instead of paying the rent by the Deputy Commissioner to the Petitioners, he passed the impugned review order on 13 -11 -1985 vide Annexure P -6 to the petition. He was of the opinion that the rent fixed earlier was on the higher side and, therefore, took suo motu action and reviewed the earlier order and fixed the rent, which was originally assessed in the year 1977. Hence, the present writ petition.

(2.) In the reply -affidavit filed on behalf of the Deputy Commissioner, it has been averred that the Deputy Commissioner has the power of review and that in doing so he can decrease the rent earlier fixed. It has also been averred that there is a provision of appeal. According to Respondent No. 3, the rent fixed by the impugned order Annexure P -6 is correct and justified and in consonance with the provisions of the Himachal Pradesh Urban Rent Control Act.

(3.) In the reply -affidavit filed on behalf of Respondents No. 1 and 2, it has been stated that the amount as fixed earlier has been duly paid to the Deputy Commissioner by cheque, as stated above, but the Deputy Commissioner by the impugned order has not released the amount to the Petitioners.