Suneja Towers Pvt. Ltd. and anr. Vs. Delhi Development Authority and anr.

.....transpired. this is so because it is the causal connection which alone is relevant. fourthly, since travel to and fro the place of posting may not appear to everyone as an incident of military service, a specific provision has been incorporated in the pension regulations to bring such travel within the entitlement for disability pension if an injury is sustained in this duration. fifthly, it cannot be said that each and every injury sustained while availing of casual leave would entitle the victim to claim disability pension. sixthly, provisions treating casual leave as on duty would be relevant for deciding questions pertaining to pay or to the right of the authorities to curtail or cancel the leave. lastly, injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension. this is so regardless f whether the injury or death has occurred at the place of posting or during working hours. this is because attributability to military service is a factor which is required to be established. - 4. learned senior counsel for the petitioner placed strong reliance in the judgment of the supreme court in express newspapers pvt......estate officer, respondent no. 2, taking proceedings under the public premises (eviction of unauthorised occupants act), 1971 (hereinafter to be referred to as, 'the said act'). it is not disputed that a lease deed was executed in favor of the petitioner, which has been subsequently terminated.4. learned senior counsel for the petitioner placed strong reliance in the judgment of the supreme court in express newspapers pvt. ltd. and ors. v. union of india and ors., : air 1986 sc872 , wherein it has been held that the proper recourse available to the perpetual lesser in such a case would be by filing a civil suit for possession and not by taking recourse to the summary proceedings under the said act.5. i find force in the contention of learned senior counsel for the petitioner and, in fact, the matter is no more rest integra in view of the judgment of the supreme court in express newspapers pvt. ltd. (supra).6. in view of the aforesaid, the notice issued by respondent no. 2 under the said act is hereby quashed leaving it open to respondent no. 1 to take recourse in accordance with law against the petitioner in pursuance to the order cancelling the lease in favor of the petitioner.7. the writ petition is disposed of in the aforesaid terms leaving the parties to bear their own, costs.cms 919 & 3694/2001no further orders are called for in these applications in view of the disposal of the writ petition.applications stands disposed of.