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Supreme Court of India 2018-02-08 disposed

Rajendra Kumar Verma (D) Th. Lrs vs Additional District Magistrate (Civil Supplies) & Ors

Bench: 2 — Kurian

In Brief

The Supreme Court held that a District Magistrate may entertain a review application under Section 16(5)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 challenging an order regarding vacancy. Vacancy is a pre-condition for any allotment or release order; allowing no remedy to challenge a vacancy finding would defeat the Act's purpose and seal a party's fate unfairly. The Court upheld the District Magistrate's review jurisdiction, then disposed of proceedings under the Act and directed the pending civil suit be disposed within six months, with status quo on possession maintained until final trial judgment.

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