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Zehra Begum Vs. the Administrator, Quli Qutub Shah Urban Development Authority and anr.

Zehra Begum vs The Administrator, Quli Qutub Shah Urban Development Authority and anr.

Type Court Judgment Court Andhra Pradesh Decided Apr 13, 1992
~2 min read
https://sooperkanoon.com/case/434427

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Citation
Court
Andhra Pradesh High Court
Judge
Decided On
Case Number
Writ Appeal Miscellaneous Petition No. 590 of 1992
Subject
Civil;Constitution

Case Summary

AI-generated summary - not the official court judgment text.

- ALL INDIA SERVICES ACT, 1951.Sections 8 & 11 & A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961, Rule 5: [V.V.S. Rao, G. Yethirajulu & G. Bhavani Prasad, JJ] Refusal by Landlord to receive rent - Deposit of rent in Court - Held, A tenant has the option to take recourse to Section 8 in case of refusal ...

Key legal issue
Civil;Constitution
Acts & sections
Land Acquisition Act, 1894 - Sections 17(3A); Constitution of India - Article 300A; Code of Civil Procedure (CPC) - Sections 151

Parties & Advocates

Appellant / Petitioner

Zehra Begum

Advocate C.P. Sarathy, Adv.

Respondent

The Administrator, Quli Qutub Shah Urban Development Authority and anr.

Advocate P.M. Gopal Rao, Adv. for Respondent No. 1 and ;Khader Ali Khan, Adv. for Respondent No. 2

Legal References

Acts
Land Acquisition Act, 1894 - Sections 17(3A); Constitution of India - Article 300A; Code of Civil Procedure (CPC) - Sections 151
Reported In
1992(3)ALT257

Excerpt

.....to person entitled to rent and proper maintenance of accounts of such deposits under sub-rules (4) and (5) of rule 5 are solely dependent on compliance with sub-rule (3) by the tenant. the payment or deposit of rent under section 11 read with sub-rule (6) of rule 5 arises only in respect of a tenant who did not take recourse to section 8 or section 9 before an application for eviction has been made against him in respect of any rent in arrears by date of that application, whereas in respect of rent that becomes subsequently due since date of application for eviction, the tenant is bound to pay or deposit regularly until termination of proceedings in order to enable him to contest the application. any violation of section 11(1) to (3) and sub-rule (6) of rule 5 makes the tenant liable for the adverse consequences under sub-section (4) of section 11. thus, the provisions of section 11 and sub-rule (6) of rule 5 are intended only to ensure the payment and deposit of rent including arrears during pendency and till termination of proceedings for eviction. the forfeiture of right of tenant to contest in case of default is to protect the rights and interests of landlord pending such an application for eviction, but not to confer any right on tenant to plead that all defaults committed by him prior to application for eviction can never be considered wilful, if he were to deposit all arrears of rent due within fifteen days under rule 5(6) read with sub-section (1) of section 11. the object and effect of section 11 and sub-rules (1) to (5) to rule 5, the former being for protection of landlord during pendency of eviction proceedings and the later being for protection of tenant to avoid any liability for eviction on ground of wilful default. consequently, while taking recourse to section 8 by tenant is optional, once that option is exercised, compliance with sub-rules (1) to (5) of rule 5 becomes mandatory in the sense that any non-compliance with prescribed procedure will.....order1. it is regrettable that even though the property of the writ petitioner was taken over more than two years back, that too at the instance of the municipal corporation of hyderabad, second respondent herein, as is evident from letter no. 446/l/23/acp/c1/mch/89-90, dt. 8-2-1990, no compensation has been paid to her till this date. what is more, two responsible local authorities, viz., municipal corporation of hyderabad and quli qutub shah urban development authority are claiming that they are not responsible to pay compensation, each throwing blame on the other. prima facie, the municipal corporation of hyderabad is liable to pay compensation. necessary orders would be passed in the writ appeal with regard to reimbursement if ultimately the writ appeal filed by quli qutub shah urban development authority is dismissed. in any event, action of both the authorities is in flagrant violation of the constitutional mandate contained in article 300a of the constitution of india.2. the building was demolished for road widening, and section 17(3-a) introduced by parliament act 68/84 warrants payment of 80% of the compensation in the event of the property being taken over urgently. as such, we hereby direct the commissioner, municipal corporation of hyderabad to deposit 80% of the compensation, in accordance with the basic value register as on this date, in lieu of taking over of the property of the writ petitioner, to the credit of o.s. no. 756/85 on the file of the additional chief judge, city civil court, hyderabad, within two weeks from today.

Full Judgment

ORDER

1. It is regrettable that even though the property of the writ petitioner was taken over more than two years back, that too at the instance of the Municipal Corporation of Hyderabad, second respondent herein, as is evident from Letter No. 446/l/23/ACP/C1/MCH/89-90, dt. 8-2-1990, no compensation has been paid to her till this date. What is more, two responsible local authorities, viz., Municipal Corporation of Hyderabad and Quli Qutub Shah Urban Development Authority are claiming that they are not responsible to pay compensation, each throwing blame on the other. Prima facie, the Municipal Corporation of Hyderabad is liable to pay compensation. Necessary orders would be passed in the writ appeal with regard to reimbursement if ultimately the writ appeal filed by Quli Qutub Shah Urban Development Authority is dismissed. In any event, action of both the authorities is in flagrant violation of the Constitutional mandate contained in Article 300A of the Constitution of India.

2. The building was demolished for road widening, and Section 17(3-A) introduced by Parliament Act 68/84 warrants payment of 80% of the compensation in the event of the property being taken over urgently. As such, we hereby direct the Commissioner, Municipal Corporation of Hyderabad to deposit 80% of the Compensation, in accordance with the Basic Value Register as on this date, in lieu of taking over of the property of the writ petitioner, to the credit of O.S. No. 756/85 on the file of the Additional Chief Judge, City Civil Court, Hyderabad, within two weeks from today.

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