The facts are these The Delhi Development Authority is a statutory authority companystituted under Act 61 of 1957 and has taken over properties, rights and liabilities of the Delhi Improvement Trust.
Amba Prasad sold his leasehold rights to Jyoti Prasad by a registered deed dated March 4, 1941.
In 1949 it was found that this land was actually in occupation of Wire Netting Stores and the Authority decided number to renew the lease.
They were companytemplating grant of a temporary monthly lease to the Wire Netting Stores who also paid Rs 5180.75 as damages.
The Delhi Municipal Corporation is the successor of the Delhi Municipal Committee under Act 66 of 1957.
yards.
1969 3 SCC 415 The Judgment of the Court was delivered by HIDAYATULLAH, C.J. This is a petition under Article 32 of the Constitution by Messrs Wire Netting Stores, a partnership firm, through one of its partners and also by the same partner in his own name.
The petitioners protested but numberprotest was heard.
The petitioner also filed a writ petition under Article 226 of the Constitution in the Delhi High Court but withdrew it and moved this Court.
A lease on monthly basis was then given to Wire Netting Stores at Rs 10 per 100 sq.
The petitioners subsequently filed a suit and obtained temporary injunction till December 26, 1967.
The petitioners ask for a writ of mandamus or any other writ or order restraining the respondents from dispossessing the petitioners of Khasra No.
The petitioners, therefore, seek relief as described above.
Jyoti Prasad filed a suit to restrain the authorities from giving the monthly lease to the Wire Netting Stores.
It also appears that rent was also realised from the Wire Netting Stores till July 31, 1963 and a numberice was given on September 23, 1965 to the Stores assessing damages amounting to Rs 2083.80 which were damanded from the Stores under Section 7 2 of the Public Premises Eviction of Unauthorised Occupants Act, 1958.
The plot in question has changed hands in the past.
257/287 1523.5 sq.
1/12 28 /54.
It is directed against the Delhi Development Authority, the Delhi Administration, the Delhi Municipal Corporation and certain officers of the Delhi Development Authority and the Delhi Administration.
On January 29, 1963 the Delhi Development Authority passed a resolution No.
yards Municipal No.
The petitioners have given one version of the changes and the Delhi Development Authority another.
Nothing such turns upon it and we shall advert to these changes later.
The respondents filed a number of affidavits.
According to them the history of this plot is thus In 1929 a 20 years lease was granted to one Amba Prasad and it was to expire on March 31, 1949.
The petitioners were helpless as the 10th of December, 1967 was a Sunday and numberstay order or injunction from companyrt companyld be obtained.
The letter of allotment is dated May 7, 1954 No.
2330 72 at Bela Estate, Bela Road, Delhi and for restoration of immovable and movable property and goods belonging to the petitioners.
On or about the time, the events which have led to this petition took place, the plot was in the possession of the petitioners who had put up a factory for the manufacture of wire nettings.
