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2019 (2) TMI 1287 - HC - Indian LawsAuction of the property when the tenanted premises were occupied by the petitioner's late mother at an an advanced age of over 83 years - permit to stay in the said property - Validity of CBDT's instructions dated 19.07.1993 - permission to negotiate and acquire the property bearing address A-3/4, Vasant Vihar, New Delhi - Held that:- This Court did not interfere with the this Court's view that the protection envisaged under the Delhi Rent Control Act, 1956 was not available in respect of the property and that the petitioner (Smt Shiela Sen Gupta) could be evicted by following the procedure under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971. However, keeping in view her advanced age, the court permitted the petitioner's mother to continue to occupy the premises for a further period of two years from the date of the order. This order concluded the first round of litigation - There is clearly no dispute that the lease in respect of the tenanted premises had expired and the petitioner's parents were unauthorised occupants of the said property. They were, however, continuing to occupy the tenanted premises under protection of the Delhi Rent Control Act, 1956, which was no longer applicable with respect to the property being purchased by the appropriate authority. This Court clearly rejected the contention that the CBDT's instruction dated 19.07.1993 was arbitrary or unreasonable. It is also apparent from the plain reading of the aforesaid order that this Court did not accept that the petitioner therein had any rights in respect of the said property and expressly clarified that the observations made by the Court would not confer any advantage on the petitioner therein or release her from the undertaking she had furnished. The petitioner's mother expired on 01.01.2016. Thereafter, the petitioner continued to pursue the Appropriate Authority for information regarding disposal of the property - The petitioner has filed the present petition as the Income Tax Department continues to use the said property without any immediate timelines to dispose of the same. Insofar as the challenge to the CBDT's Policy (CBDT's Instructions dated 19.07.1993) is concerned, the said issue is no longer res integra. The challenge to the same had been rejected by the Division Bench of this Court in its order dated 07.07.2014, which was subsequently upheld by the Supreme Court in its order dated 03.08.2015. The petitioner's endeavour to once again re-litigate the issues is clearly an abuse of the process of law. This Court is of the view that the present petition is an abuse of the process of this Court and such speculative petitions, which are clogging the docket of this Court, ought to be discouraged - the present petition is dismissed with costs quantified at ₹ 50,000/-.
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