SC stays govt staff’s eviction from Sujan Singh Park flats
NEW DELHI: The Supreme Court on Wednesday stayed an order by the Delhi high court directing eviction of residents from central-government allotted flats at south Delhi’s Sujan Singh Park, and the payment of rent dues to the landlord, Sir Sobha Singh and Sons Private Limited.
Ordering status quo to be maintained with regard to the 14 flats, 39 servant quarters and 25 garages occupied by the government officials as part of a pre-independence perpetual lease clause of 1945, a bench of justices Hemant Gupta and V Ramasubramanian said, “There shall be stay of the ejectment order…we order status quo to be maintained as on date as regards the flats in question.”
The order was passed on an appeal filed by the Union of India against a January 8, 2020 order passed by the Delhi high court directing the Centre to hand over the properties to the owners - Sir Sobha Singh & Sons Private Limited, the heirs of Sir Sobha Singh, who originally obtained the perpetual lease in 1945 to construct 84 flats over 7.58 acres of land in north and south Sujan Singh Park, near Khan Market.
The high court directed the central government to vacate five single-bedroom flats, nine doublebedroom flats, 39 servants’ quarters and 25 garages situated in North and South Sujan Singh Park.
Solicitor general Tushar Mehta appearing for Centre demanded stay on the high court order. “They are sending bouncers to evict us. The high court order has to be stayed,” Mehta said. The top court directed the private firm to file a response in four weeks.
Mehta said the perpetual lease was governed by provisions of Government Grants Act, 1895 which has an overriding effect on any other existing law. It was the Centre’s contention that this fact was not considered by the rent tribunal and high court while ordering the eviction.
The bench said, “This judgment has to be stayed in any case and the flats which are subject matter of the petition should be restored. We cannot permit this to happen.”
Sir Sobha Singh and Sons Private Limited contested the Centre’s position, and pointed out the two-year delay by the Centre in filing an appeal. Senior advocate Maninder Singh appearing for the private firm told the apex court that of the 14 properties sought to be evicted, only 11 remain with the government as the remaining have been surrendered to the lessee firm. But this position was contested by the SG, which the top court recorded in its order.
The Court said, “It is a perpetual lease. The government is not your tenant. They are equal holders to the lease. The petitioner is entitled to continue as a perpetual lessee.”
We order status quo be maintained.. regarding the flats in question.
TOP COURT BENCH