Noting the MCD’s failure to pay rent for 14 years, the Delhi High Court on Thursday upheld the order directing it to evict a property in north Delhi, where it had been running a school for the last 50 years.
Fine imposed
The high court upheld the order of eviction passed against MCD after it was found to owe arrears towards rent and also imposed a cost of ₹25,000 on the civic body. The MCD had failed to pay rent to the property owner C.P Singh, who kept running from pillar to post for 14 years.
Since the property is situated in Sohan Ganj in Sabzi Mandi, which is a slum area, MCD contended before the high court that its eviction would lead to creation of further slums. The court, however, junked the argument.
“In view of the fact that the petitioner (MCD) is admittedly in arrears of rent and being a Municipal Corporation, eviction of the petitioner would not lead to creation of another slum, the permission granted by the competent authority, by virtue of the impugned order, cannot be faulted,” held Justice Sanjeev Sachdeva.
Petition by owner
The court was hearing a petition moved by the MCD against the August 2011 order passed by DUSIB allowing application of C.P Singh under the Slum Areas (Improvement & Clearance) Act, 1956 granting him permission to initiate eviction proceedings against the MCD in relation to a property in Sohan Ganj.
50-yr-old school
The MCD contended it is running a school in the said property for over 50 years. Mr. Singh had purchased the property in 1995 from the heirs of the previous owner. The MCD has not paid him rent since 2002.
It was also contended by the MCD that eviction from the premises would not result in clearance of slums but rather would result in creation of slums. The court, however, dismissed its arguments.
