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Kamal Kishor Gupta And Others v. Vivek Kumar Gupta - WRIT - A No. - 40494 of 2007 [2007] RD-AH 14608 (29 August 2007)

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(Court No.7)

Civil Misc. Writ Petition No.40494 of 2007

Kamal Kishore Gupta and others vs. Vivek Kumar Gupta


Heard learned counsel for the parties.

This writ petition arises out of proceedings for demolition and reconstruction initiated by learned respondent against tenants petitioners under section 21(1) (b) of U.P. Urban Building (Regulation of Letting Rent & Eviction) Act 1972 (hereinafter referred to as 'Act'). Release application was registered as P.A Case No. 8 of 2005 and was allowed by the Prescribed authority / JSCC, Moradabad on 30.3.2006. Against the said order petitioners tenants filed R.C Appeal No. 15 of 2006. The appeal was also dismissed on 28.7.2007 by A.D.J Court No. 11 Moradabad, hence this writ petition.

I do not find any such error in the findings of dilapidated condition of the shop in dispute recorded by both the courts below which may warrant interference in exercise of writ jurisdiction.

Provisions of Rule 17 had also been complied with.

Learned counsel for the landlord further states that the landlord intends to construct a marketing complex and apart from the shop in dispute major portion of the remaining structure has been demolished. Learned counsel for the landlord further states that final map of the entire complex is likely to be passed by the competent authority shortly.

Accordingly, it is directed that tenants shall deliver possession to the landlord within two months from the date on which information/ notice regarding passing of the map of the complex is given to the tenants. The information shall be given in writing by the learned counsel for the landlord in this court to the learned counsel for the tenants petitioners. Along with information photocopy of the map and relevant orders regarding passing of the map must also been supplied. Within six months from getting possession landlord shall reconstruct so much of the complex that one shop in the said complex is handed over to the tenants within six months from the date on which possession is delivered by the tenants to the landlord. The dimensions /area of newly constructed shop shall be almost same as dimensions/area of the existing shop.

The tentative rent of the newly constructed shop shall be Rs. 1000/- per month. However, any of the parties is at liberty to apply before the prescribed authority for payment of proper rent. If such an application is filed then prescribed authority shall decide exact cost of the construction of the new shop and 1/120 thereof shall be fixed by the prescribed authority as monthly rent of the newly constructed shop. Until fixation of rent by the prescribed authority tenant shall pay rent to the landlord @ Rs.1000/- per month (against existing rent of Rs. 150/- per month).

It is further directed that in case within six months from taking possession, landlord does not complete reconstruction and handover newly constructed shop to the tenant then since after expiry of six months from taking possession till new construction and delivery of newly constructed shop to the tenants landlord shall pay damages to the tenant @ Rs.1000/- per month. However, in case construction is not completed within a year from taking possession of the shop by the tenant then damages will be paid @ Rs.2000/- per month by the landlord to the tenants since after one year till the newly constructed shop is delivered to the tenant. This direction is being issued in view of the authority of Supreme Court reported in S.J. Abbas Vs. Mohd Yamin AIR 2004 SC 3683.

Writ petition is accordingly disposed of.




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