Anil Kalra Vs. J.D. Pandey and Ors.
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Head Note
Civil Law - Urban Buildings (Regulation of Letting, Rent and Eviction)
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Section 12(1)(b) and 16(1)(b) - Release of Old Building - For Reconstruction - Dispute in the matter pertains to a hundred year old building and covered under sub-section (2) of Section 2 of the Act, 1972 and not exempted under any clauses mentioned in Section 2 of the U.P Act- There is no allotment order issued in favour of any of the alleged occupants under Section 16 of the Act - Persons in large number inducted unauthorisedly by respondent without any allotment order - Special Leave Petition (C) Nos. 24659-60 of 2002 was dismissed on 10.12.2002, which challenged the order passed in the writ petition by the High Court - However, order could not be executed as respondents on one or other pretext continued to litigate - Civil Appeal No. 3763 of 2007, filed by the landlord, deserves to be allowed, and Civil Appeal Nos. 5688-89 of 2007, filed by the respondents liable to be dismissed - Competent Authority (Additional District Magistrate, City, East, Lucknow) directed to execute the Form-D - However, keeping in mind that there are several occupants, on humanitarian ground they are allowed three months' time to vacate the premises voluntarily, whereafter they or anyone occupying in their place along with respondent Nos. 1 to 3, shall be forcibly dispossessed within 48 hours in compliance of this order - The District Magistrate and the Senior Superintendent of Police, Lucknow, directed to provide every assistance in execution of the order of release, affirmed by the High Court - Clarified that the landlords are not allowed to let out the released building (in the existing condition), and they shall demolish the building for reconstruction for which the building has been released by the authority concerned.
Topic(s)-Eviction - Release of Old Building - For Reconstruction - Eviction allowed