Radhey Shyam Rastogi vs Ashish Kumar & Anr

The Supreme Court granted leave and held that the High Court erred in dismissing the appellant's writ petition without considering the challenge to the rejection of the application for an Engineer/Advocate Commissioner under Section 21(1)(b) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The Court emphasized the need for an independent assessment of the disputed premises' condition before eviction can be upheld. Consequently, the Court ordered the appointment of an Engineer/Advocate Commissioner to evaluate the premises' dilapidated state and necessity for reconstruction.