- Solicitor general Tushar Mehta appearing for Centre demanded stay on the high court order. The newspapers reported the submission from Mr Mehta “They are sending bouncers to evict us. The high court order has to be stayed,” The top court directed the private firm to file a response in four weeks.
Ordering status quo to be maintained with regard to the 14 flats, 39 servant quarters and 25 garages occupied by the government officials as part of a pre-Independence perpetual lease clause of 1945. The bench comprising of of justices Hemant Gupta and V Ramasubramanian said, “There shall be stay of the ejectment order…We order status quo to be maintained as on date as regards the flats in question.”
- The order was passed on an appeal filed by the Union of India against a January 8, 2020 order passed by the Delhi high court directing the Centre to hand over the properties to the owners – Sir Sobha Singh & Sons Private Limited, the heirs of Sir Sobha Singh, who originally obtained the perpetual lease in 1945 to construct 84 flats over 7.58 acres of land in north and south Sujan Singh Park, near Khan Market.
- The Court said, “It is a perpetual lease. The government is not your tenant. They are equal holders to the lease. The petitioner is entitled to continue as a perpetual lessee.
The high court directed the central government to vacate five single-bedroom flats, nine double-bedroom flats, 39 servants’ quarters and 25 garages situated in North and South Sujan Singh Park.
HON’BLE MR JUSTICE HEMANT GUPTA
Judge Supreme Court of India
HON’BLE MR JUSTICE V RAMASUBRAMANIUM
Judge Supreme Court of India
