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Showing contexts for: dd act in Sant Lal & Anr. vs Ram Laxman Gupta Thru Lrs on 8 April, 2010Matching Fragments
6. The petitioners had in this petition as well as during arguments placed reliance on Shri Munshi Ram & Anr. v Union of India & Ors. AIR 2000 SC 2623 and argued that the Supreme Court in Karol Bagh area has allowed the tenants, under some conditions, to continue the possession and misuser. However, the judgment reads as under:
"....The proviso to the said section stipulates that it shall be lawful to continue to use upon such terms and conditions as may be prescribe by regulations, any land or building for the purpose and to the extent for and to which it is being used on the date on which such plan comes into force. Section 57(1)(f) stipulates making of regulations to provide for terms and conditions subject to which user of lands and buildings in contravention of plans may be continued. Learned counsel contends that the impugned eviction orders deserve to be set aside as even regulations under Section 57(1)(f) have not been framed by DDA providing for terms and conditions on which continued user in contravention of CM(M) 424 & 425 of 1992 Page 4 Of 7 plans may be permitted. None of the aforesaid provisions have any applicability to the present case. We are not concerned with the contravention as postulated by Section 14 of the DD Act. The question whether master plan and/or zonal plans provide or not for any use is not relevant for this matter. As already noted, we are concerned with the breach of the terms of the lease. It is not in dispute that the commercial use is contrary to the use permissible under the lease. The paramount lessor has taken action to terminate the lease for contravention of the terms thereof. It cannot be held that despite contravention of the lease, the paramount lessor is debarred for exercising its rights under the terms of the lease for absence of providing a user under Section 7 in the master plan or under Section 8 in the Zonal Development Plan. (para 8) In Dr. K.Madan v. Krishnawati (Smt.) and Anr. [(1996) 6 SCC 707], this Court has held that where the premises are used in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or Municipal Corporation of Delhi, then the landlord will be entitled to recovery of possession under Section 14(1)(k) of the Act and that sub-section (11) of Section 14 of the Act enables the Controller to give another opportunity to the tenant to avoid an order of eviction. The first opportunity to the tenant is given when the notice is served on him by the landlord and the second opportunity is given when an conditional order under Section 14(11) of the Act is passed directing the tenant to pay the amount by way of compensation for regularisation of user up to the date of stopping the misuser and further directing stoppage of unauthorised user. The continued unauthorized user would give the paramount lessor the right to re- enter after the cancellation of the lease deed. As already noticed, the DDA is insisting on stoppage of misuser. The misuser is contrary to the terms of lease. The DDA cannot be directed to permit continued misuser contrary to the terms of the lease on the ground that zonal development plan of the area has not been framed." (para 9) CM(M) 424 & 425 of 1992 Page 5 Of 7