TaxTMI 
TaxTMI 
2007 (9) TMI 731
X X X X Extracts X X X X
X X X X Extracts X X X X
....n 31st October, 2003, a show cause notice was issued to the appellant by the respondent No. 1 as to why the allotment should not be cancelled for violation of the condition for providing at least 25% of the total beds for free treatment to the patients belonging to the weaker sections of the society. The respondent No. 1 also issued another show cause notice dated 21st April, 2004 for cancellation of allotment/lease deed in view of the merger of the aforesaid society into another society, which as per the respondent No. 1 was in violation of the terms and conditions of the lease/allotment, as it constituted transfer. 2. By an order dated 10th June, 2005, the respondent No. 1 determined the allotment/leasehold rights granted to the appell....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... question raised before us during the course of arguments was that in view of the decision of the Supreme Court in Express Newspapers Private Limited versus Union of India, AIR 1986 SC 872 proceedings before the Estate Officer are not maintainable; without jurisdiction and only civil suit is maintainable. The said contention did not find favour with the learned Single Judge, who referred to the five Judges Bench decision of the Supreme Court in Ashoka Marketing Limited and Another versus Punjab National Bank and Others, AIR 1991 SC 855. The learned Single Judge also relied upon decision of Division Bench of this Court in Letters Patent Appeal No. 976/2004, titled Delhi Development Authority versus Ambitious Gold Nib Manufacturing (P) Limite....
X X X X Extracts X X X X
X X X X Extracts X X X X
....erudite arguments were advanced by learned counsel for the parties, turned on the question as to whether the Lt. Governor was a successor of the Chief Commissioner of Delhi. Learned counsel appearing for the petitioners contended that the Lt. Governor cannot usurp the functions of the lessor i.e. the Union of India or the Chief Commissioner of Delhi in relation to the lease in question. It is urged that the Union Territory of Delhi which first became a Part 'C' State under the Constitution, was an entirely new constitutional entity and therefore the office of the Chief Commissioner of Delhi ceased to exist. It is further urged that the Lt. Governor appointed by the President under Article 239(1) of the Constitution is an Administrat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the Public Premises Act would, therefore, cover a case where a person has entered into occupation of the public premises legally as a tenant under a lease but whose tenancy has expired or has been determined in accordance with law." 8. Reference of the Supreme Court in Ashoka Marketing case (supra) was drawn to Express Newspapers case (supra) and it was clarified as under:- "32. Shri Ganguli has placed reliance on the decision of A.P. Sen, J. in Express Newspapers Pvt. Ltd. v. Union of India and has submitted that in that case the learned Judge has held that cases involving relationship between the lessor and lessee fall outside the purview of the Public Premises Act. We have carefully perused the said decision and we are unab....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e would fall in the second part of the definition of the expression unauthorized occupation as defined in Section 2(g) of the Public Premises Act. The said decision being a judgment of a Coordinate Bench of two Judges is binding on us. We respectfully agree with the reasoning given and follow the said judgment to the extent it has been held that second part of Section 2(g) defining the expression unauthorized occupation for the purpose of Public Premises Act is applicable and recourse to civil proceedings for recovery of possession is not required. The said judgment cannot be ignored merely because a particular argument was not raised or addressed. We may, however, clarify that the question of jurisdiction of the Estate Officer to decide wh....