ANIL KALRA versus J.D. PANDEY AND OTHERS

ANIL KALRA versus J.D. PANDEY AND OTHERS

Respondents had no authority or allotment order to occupy or sublet the building in question. The landlord is entitled to execution of the release order for the entire building for demolition and reconstruction. Authorities must enforce the court's directions, and unauthorized occupants are to vacate within three months or be forcibly dispossessed.

Parties
Appellant: Anil Kalra; Respondent: J.D. Pandey; Respondent: Mrigendra Pandey; Respondent: Nripendra Pandey
Jurisdiction
India
Judgment Date
29 September 2015
Procedural Posture
Civil Appeal / Final Supreme Court Appeal and Disposal
Outcome
Civil Appeal No. 3763 of 2007 allowed; Civil Appeal Nos. 5688-5689 of 2007 dismissed.
Legal Topics
Eviction, Release of Premises, Demolition and Reconstruction, Unauthorized Occupation, Contempt
Rent Control Property Law Landlord and Tenant Law Eviction Release of Premises Demolition and Reconstruction Unauthorized Occupation Contempt

Case Brief

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Parties

Anil Kalra

Appellant

J.D. Pandey

Respondent

Mrigendra Pandey

Respondent

Nripendra Pandey

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Appeal and Disposal

Legal Issues

  1. 1 Whether respondents were authorized to occupy and sublet the subject building in absence of an allotment order under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether the release and eviction orders in favor of the landlord should be enforced against all unauthorized occupants
  3. 3 Whether landlords are entitled to physical possession for demolition and reconstruction

Ratio Decidendi

Respondents had no authority or allotment order to occupy or sublet the building in question. The landlord is entitled to execution of the release order for the entire building for demolition and reconstruction. Authorities must enforce the court's directions, and unauthorized occupants are to vacate within three months or be forcibly dispossessed.

Court Disposition

Civil Appeal No. 3763 of 2007 allowed; Civil Appeal Nos. 5688-5689 of 2007 dismissed.

Orders

  • Competent Authority (Additional District Magistrate, City, East, Lucknow) directed to execute Form-D for possession.
  • Unauthorized occupants given three months' time from date of judgment to voluntarily vacate, failing which forcible dispossession within 48 hours to be ensured with administrative/police support.