NEERAJ KAPOOR versus RANBIR SINGH DAHIYA AND ORS.

Citation: [2001] SUPP. 1 S.C.R. 189 · Decided: 31-07-2001 · Supreme Court of India · Bench: S.S.M. QUADRI, S.N. PHUKAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

NEERAJ KAPOOR 
v. 
RAN BIR SINGH DAHIY A AND ORS. 
JULY 31, 2001 
[SYED SHAH MOHAMMED QUADRI AND S.N. PHUKAN, JJ.] 
Haryana Municipalities Management of Municipal Properties and State 
Properties Rules, 1976: 
A 
B 
Lease-Urban land given on lease by Municipal Committee-Lessee C 
constructing shops in two floors and giving the same to two sub-lessees-In 
order to eliminate middleman, Municipalities under "the 1984 Policy" and 
"the 1991 Policy" granting direct leases in favour of sub-lessees-After coming 
into force the 1991 Policy both sub-lessess applied for transfer of lease in 
their favour-Municipal Committee granted lease to respondent in respect of D 
both floors-Held, both the appellant and the respondent stand in the same 
position and are joint sub-lessees of demised land-Municipal Committee to 
accept both of them as joint lessess and grant joint lease in their favour. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4939-40 
of 2001. 
E 
From the Judgment and Order dated 7.9.99 and 27.8.97 of the Punjab 
and Haryana High Court in R.A. No. 359/97 and C.W.P. No. 248 of 1997. · 
Dhruv Mehta, Ms. Shobha, Ms. Anu Mehta and S.K. Mehta for the 
Appellant. 
F 
Mahabir Singh, Mahinder Singh Dahiya, B.S. Mor and S.M. Hooda for 
the Respondents. 
The following Order of the Court was delivered: 
Delay is condoned. Leave is granted. 
The appellant before us challenges the order passed by a Division 
Bench of the High Court of Punjab & Haryana dismissing C.W.P. No. 248/ 
1997 on August 27, 1997 and the order dismissing Review Application No. 
189 
G 
H 
190 
SUPREME COURT REPORTS [2001] SUPP. 1 S.C.R. 
A 359/1997 filed in the said writ petition, on September 7, 1999. 
A narration of relevant facts would be necessary to appreciate the 
controversy in these appeals. The subject matter of the dispute is an extent 
of 3? sq. yards of land comprising Shop No. 14, Near Button Factory, Subhash 
Chowk, Sonepat (under the Municipal Committee, Sonepat, rin A-class 
B Municipality) hereinafter referred to as "the demised land" which was given 
on lease by the Municipal Committee, under Haryana Municipalitie~ 
Management of Municipal Properties and State Properties Rules, 1976 to one 
Prem Kumar Sardana. It appears with the permission of the Municipality the 
said Sardana raised construction, Shop No. 14 (ground floor and first floor). 
C In 1971, he leased out the ground floor in favour of one Janak Raj Kapoor 
who started a printing press therein as the sub-lessee. He died on January 20, 
1989 leaving behind him a wife and a son, the present appellant who has 
been running the press therein. The first respondent was inducted into the 
possession of the first floor as a sub-lessee by the said Sardana in 1989. Thus 
both the appellant and the first respondent are sub-lessees of the demised 
D land. 
The Government of Haryana had taken a policy decision to eliminate 
the middle-man, namely, the lessor of the Municipalities and grant direct 
leases in favour of the sub-lessees. One such policy was issued in 1984 
E (hereinafter referred to as "the 1984 Policy") which was for a limited period 
and was replaced by the Policy contained in the letter of the Commissioner 
& Secretary to Government of Haryana, Local Bodies Administration Deptt. 
dated May 2, 1991 (hereinafter referred to as "the 1991 Policy"). The first 
respondent applied to the Chief Executive Officer, Municipality, Sonepat for 
transfer of the plot of land in his favour on September 9, 1991. Though the 
F application does not disclose that it was made in pursuance of the 1991 
policy of the Government, it is obvious that it was the benefit under that 
policy, which was sought by the first respondent. In regard to the claim of 
the appellant on November 19, 1992, the wife of the said late Janak Raj 
Kapoor also made an application to the Administrator, Municipality, Sonepat 
G requesting him to transfer lease in favour of the appellant (her son) under 
policy no. 8/56/8 l-2K2 of 16.4.1984. It is a common ground that as on that 
date the 1984 policy was aot in operation. The policy of the Government 
which was in operation was 1991 policy (May 2, 1991) referred to above, 
therefore, in our view that application should be treated as an application to 
give effoct to the 1991 policy. While so, the Municipal Committee granted 
H lease of the whole land in favour of the respondent no. 1 on July 12, 1992. 
' 
NEERAJ KAPOOR v. R.S. DAHIY A 
191 
Eventually the appellant filed
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