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2011 (11) TMI 490 - HC - Income TaxProperty acquired u/s 269UD - Rights and obligations of a tenant when protected under the Delhi Rent Control Act, 1956 – Revenue’s stand that they are entitled to evict the petitioner from the portion in his occupation - Held that:- Order u/s 269UD has attained finality, thus petitioner herein cannot challenge the said order. Regarding rights & obligations of tenants, the issue is no longer res integra and has been settled by Supreme Court in C.B. Gautam Vs. UOI (1992 (11) TMI 1 - SUPREME COURT) that there is no provision for giving the concerned parties an opportunity of being heard before an order is passed under the provisions of section 269UD - the Constitutional Bench struck down the words “free from encumbrances” in sub-section 1 of Section 269UE, and it must be read without the expression 'free from all encumbrances". Further, Central Government is entitled to initiate eviction proceedings under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 and the protection of Delhi Rent Control Act, 1956 is no longer available. At this stage, petitioner filed an undertaking that property would be vacated on or before 30th November, 2012. Keeping in view the old age of the petitioner and other factors, such undertaking is accepted and in case of breach of undertaking it will be open to the respondent to forcefully evict the petitioner or any person in occupation of the premises without taking recourse to eviction proceeding under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971.
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