AJAY KUMAR VASHIST vs UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF HOME AFFAIRS, & ORS.

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 55/2024, CM APPL. 3100-01/2024 AJAY KUMAR VASHIST .....Appellant Through: Dr. B.T. Kaul and Mr. Pranjal, Advocates versus UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF HOME AFFAIRS & ORS. .....Respondents Through: Mr. Anshuman, SPC, for R-1 and R-3 Mr. Vijay Joshi and Mr. Shubham Chaturvedi, Advocates for R-2 % Date of Decision: 28th January, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J: (ORAL) 1. Present letters patent appeal has been preferred under Clause X of the Letters Patent assailing the impugned judgment dated 18.08.2023 passed by learned Single Judge of this Court whereby the underlying writ petition being W.P.(C) No.10834/2022 titled ‘Ajay Kumar Vashist, DIG vs. Union of India & Ors.” filed by the appellant was dismissed, affirming the cancellation notice dated 07.07.2022 issued by respondent no.2/Ministry of Housing & Urban Affairs, Government of India whereby the allotment of Quarter No. CG, Type-V(A), Block-10, Signature Not Verified LPA 55/2024 Page 1 of 7 Digitally Signed By:MADHU SARDANA Signing Date:11.02.2025 12:18:24 Kidwai Nagar East, New Delhi (hereinafter referred as “Type-V(A) accommodation”), that the appellant was occupying in the year 2022 as his official residential accommodation was cancelled; and order dated 12.07.2022 passed by the Estate Officer under sections 3-B(2) and (3) of the Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred as “the act”) whereby the appellant was directed to vacate the said premises with immediate effect; and that upon failure to do so, he would be liable to pay damages under section 7(3-A) of the act. 2. The facts, shorn of unnecessary details and germane to the issue a