9911796707
TMI Blog1972 (9) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh Road, New Delhi, within seven days from the date of the notice. The writ petition was dismissed by the High Court. 2. It is not necessary to state the facts in detail. In our opinion the matter could be disposed of on one ground and it was wholly unnecessary for the High Court to have decided the other points which were raised before it. 3. The impugned order dated December 18, 1971 which was addressed to M/s. Fonseca Pvt. Ltd. through its Directors and to other persons mentioned in the order is as follows: Whereas I, L. C. Gupta, Deputy Secretary to the Government of India, Ministry of Works and Housing, am satisfied that the premises known as 1-Man Singh Road, New Delhi is a public premises as defined under the Public Premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as defined in that Act, the Central Government may, after recording the reasons for such . satisfaction, make an order of eviction directing that the public premises shall be vacated by all persons who may be in occupation thereof or of any part thereof within such period as may be specified in the order. (2) If any person refuses or fails to comply with the order of eviction within the period specified therein, any officer authorised by the Central Government in this behalf (hereafter in this Rule referred to as the authorised officer) may evict that person from, and take possession of, the public premises and may for that purpose use such force as may be necessary. (3)... (4)... (5) If any person does not vacate the public pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be vacated by all persons who may be in occupation thereof within a specified period. The consequences of any person disobeying such an order are serious as such a person shall be liable to imprisonment or fine or with both under Sub-rule (5) of Rule 155. Any order, therefore, made under that rule must strictly comply with the requirement of the rule itself. It is common ground and cannot be disputed that Shri L. C. Gupta, Deputy Secretary, who made the order could do so only if he had the requisite authority under the Government of India (Transaction of Business) Rules, 1961 which were framed in exercise of the powers conferred by Clause (3) of Article 33 of the Constitution. Rule 11 is in the following terms: Responsibility of D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s required by Rule 155 had , been fulfilled. The High Court, after taking into consideration the facts relating to the derivative title of the appellants which had been set up, came to the following conclusion: The derivative title of the petitioner is therefore of no help and on the date of the order they were in unauthorised occupation of the building for precisely the same reasons which were accepted by the Minister. 5. Mr. A. K. Sen for the appellants has strenuously assailed the decision given by the High Court with regard to the title of the appellants relevant for deciding the question whether they were in unauthorised occupation of the premises in question. That according to Mr. Sen was the Subject-matter of separate proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings the above question as also certain other contentions which were raised by Mr. Sen relating to the applicability of the rule of natural justice even to proceedings under Rule 155 of the Defence of India Rules and the necessity for communication of the order made under that Rule. Mr. Nariman quite properly chose not to go back on the concession which had been made before the High Court that Shri L. C. Gupta who had made the impugned order under Rule 155 had no authority whatsoever to exercise the powers of the Central Government. It is the Central Government alone that is empowered to make an order under that Rule and under the Rules of Business it would be the Minister or the Officer empowered thereby who alone could exercise those p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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