Bouncers being sent to evict govt officers from Sujan Singh Park flats near Khan Market: SG Tushar Mehta to Supreme Court

The Central government on Friday told the Supreme Court that government officials are being forced out of Sujan Singh Park flats in New Delhi's Khan Market by bouncers [Union of India v. Sri Sobha Singh and Sons]..Solicitor General (SG) Tushar Mehta mentioned the matter before Chief Justice of India NV Ramana and sought urgent listing which was allowed."They are sending bouncers to evict. I appear for Union of India," the SG said."How can they send bouncers against government officers?" asked CJI Ramana. "It is unfortunate," the SG responded."List on April 5," the CJI replied..The Central government has moved the Court against a Delhi High Court verdict of January 2020 which had affirmed the decision of the Additional Rent Control Tribunal directing the Centre to make good unpaid arrears of rent owed to the respondent, Sobha Singh and Sons. The property in question is occupied by residential flats in North and South of Sujan Singh Park, which were rented out to the government at concessional rates as far back as in 1944. The government had paid rents up until 1989, but thereafter, due to many breaches by the respondent, a slew of litigation ensued. In 1998, the respondent had filed an eviction petition before the Additional Rent Controller who ruled in favour of the respondent. The appeals right up to the Delhi High Court were also decided against the government, leading to the present appeal before the apex court.The government submitted before the top court that as per Section 3 of the Grants Act, any government property demised in favour of a person in the form of a ‘Grant’ as per provisions of the Grants Act, will be excluded from the scope of application of the provisions of any other law/statute. "Therefore, any legislation which is contrary to the notions in the Government Grant, will not apply to a government property granted in favour of a specific person. It is therefore submitted that the provisions of the Grant Act will have an overriding effect over any other law, in force, which is contrary thereto," the plea said.Hence, provisions Delhi Rent Control Act and Transfer of Property Act will not apply in the instant case, it was submitted. "The Tribunal vide order dated 01.09.2007 erroneously held that the contested property was covered under the provisions of the Delhi Rent Control Act (DRCA). Moreover, the Hon’ble High Court affirmed the said finding vide order dated January 8, 2020. It is most reverentially submitted that the Grants Act is a special statute and so, it would prevail over other statutes and so, the provisions contained in the Grants Act will have an overriding effect on the provisions contained in the DRCA. Furthermore, it is submitted that the Transfer of Property Act, 1882 has expressly been excluded from the arena of Government Grants," the petition stated.

Bouncers being sent to evict govt officers from Sujan Singh Park flats near Khan Market: SG Tushar Mehta to Supreme Court

Debayan Roy

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