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‘The order has to be stayed’, SC on eviction of govt officers from Delhi’s Sujan Singh Park flats

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The Supreme Court on Wednesday stayed the Delhi High Court order, which upheld the Additional Rent Controller order directing the eviction of tenant central government officials at the Sujan Park flats, located near the tony Khan market.

A bench headed by Justice Hemant Gupta said: “Stay operation of eviction order”. The bench also issued notice to Sir Sobha Singh and Sons Pvt Ltd on a petition filed by the central government.

Solicitor General Tushar Mehta, representing the central government, submitted that bouncers were being sent to evict the government officers and sought a stay on the operation of the high court order.

Justice Gupta said: “Yes, the order has to be stayed”.

A Senior advocate Maninder Singh, representing Sir Sobha Singh & Sons, submitted that the government owes huge arrears and urged the top court not to stay the operation of the order. Singh said his client should be allowed to file the reply in the matter. The bench has sought response in four weeks.

The bench, also comprising Justice V. Ramasubramanian, observed that till it examined the issue, whether the eviction was correct in law status quo should be maintained as on the date when the high court decided the matter.

The central government moved the top court challenging a Delhi High Court, which was passed in January 2020, affirming the decision of the Additional Rent Control Tribunal directing the Centre to make payment of unpaid arrears of rent owed to the respondent, Sir Sobha Singh and Sons P. Ltd.

In 1945, Sir Sobha Singh was granted perpetual lease of 7.58 acres of land by the British in north and south Sujan Singh Park for construction of 84 flats, on a condition that half of the flats would be given to accommodate government officers on concessional rent.

The flats included five single bedroom flats, nine double bedroom flats, 39 servant quarters and 25 garages. In 1959, the estate officer issued notices to the flat owners for alleged violations of the approved construction plan and use of flats for purposes in breach of the lease agreement. In February 2005, the additional rent controller ordered eviction of government officials from the premises.

The Centre’s plea said that a bare reading of Section 3 makes it clear that any government property demised in favour of a person in the form of a ‘Grant’ as per provisions of the Grants Act, will be excluded from the scope of application of the provisions of any other law/statute. It further added that any legislation which is contrary to the notions in the Government Grant, will not apply to a government property granted in favour of a specific person. It is therefore submitted that the provisions of the Grant Act will have an overriding effect over any other law, in force, which is contrary thereto.

The Centre’s plea said: “The Tribunal vide order dated 01.09.2007 erroneously held that the contested property was covered under the provisions of the Delhi Rent Control Act (DRCA). Moreover, the Hon’ble High Court affirmed the said finding vide order dated January 8, 2020”.

It added, “It is most reverentially submitted that the Grants Act is a special statute and so, it would prevail over other statutes and so, the provisions contained in the Grants Act will have an overriding effect on the provisions contained in the DRCA. Furthermore, it is submitted that the Transfer of Property Act, 1882 has expressly been excluded from the arena of Government Grants.”

Crime

Thane Crime: 88-Year-Old Senior Citizen Duped By Fake Technician In Dombivli

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Thane: An 88-year-old senior citizen residing in a building opposite Bal Bhavan in Ramnagar, the busiest area of Dombivli East, was cheated by a thief posing as a technician. The incident occurred on Monday evening.

The thief entered the house under the pretence of repairing the internet connection. He then asked the senior citizen to heat some water, claiming it was needed to clean a corroded laptop pin. When the elderly man went to the kitchen to boil water, the thief took advantage of the distraction and fled with cash and a wallet, stealing a total of Rs 9,000.

The victim, Bhalchandra Shridhar Walimbe, a retired resident of Sushila Society on Chiplunkar Road, has filed a complaint at the Ramnagar Police Station. According to his statement, the thief was a man around 30 years old, who rang the doorbell and claimed to be there to repair the internet. As a technician had recently visited for internet issues, Walimbe allowed him in.

Once inside, the man pretended to check the internet connection and examined a laptop, claiming the charger pin was rusted and needed cleaning. He requested hot water to clean it. While Walimbe was occupied in the kitchen, the thief opened a compartment in the house, stole Rs 9,000 kept for regular use, along with a wallet, and escaped, as reported.

When Walimbe returned with the hot water, he found the man missing. A quick search inside and outside the house revealed that the man had fled. It became evident that he was not a technician but a thief who had tricked and robbed the senior citizen. Police Sub-Inspector Waghmode from Ramnagar Police Station is currently investigating the case.

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Crime

Maratha Reservation Protest: FIR Filed Against 8–10 Protesters After They Attempt To Storm CCI’s Premises In Mumbai’s Marine Drive

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Mumbai: Tension gripped the Cricket Club of India (CCI) at Marine Drive after a group of Maratha reservation agitators allegedly attempted to storm into the premises and threatened the security staff. The Marine Drive police have lodged an FIR against 8–10 unidentified protesters.

As per the complaint filed by Shankar Namdev Salunkhe, the incident occurred at Gate No. 9 on Dinshaw Vachha Road. Though the gate was closed, the agitators allegedly tried to force their way in. Salunkhe claimed that the protesters also issued death threats, warning security personnel, “Keep the gate open or we will return at night with more people  then you will see what happens.”

Police have registered a case under Sections 189(1), 189(2), 189(3), 351(2), 223 of the Bharatiya Nyaya Sanhita (BNS) and relevant provisions of the Maharashtra Police Act. CCTV footage is being scrutinised to identify the accused.

Meanwhile, the city has witnessed multiple flare-ups linked to the Maratha agitation. Zone 1 police registered eight FIRs during the stir day before yesterday — including two at Marine Drive, three at Azad Maidan, and one each at MRA Marg, JJ Marg, Dongri, and Colaba police stations. The investigation into the CCI incident and other related cases is ongoing.

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Crime

Thane Sessions Court Grants Bail To Man Accused Of Rape On Promise Of Marriage, Says Woman Was Aware He Was Married

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Thane: The Thane Sessions Court has granted bail to Kashimira resident Savlaram Smartharam Chaudhary, who was accused of allegedly raping a woman on the pretext of marriage. The court, in its order, observed that the woman was well aware of the fact that the accused was married and hence was equally responsible for the act.

The order stated: “It appears that the accused has not denied or disputed physical relations with the victim. However, he claims that these were consensual relations between adult persons, whereas the victim claims that she consented to such relations due to an assurance of marriage. The investigation papers show that the accused got married on July 23,2024and has a baby. The period of the alleged offence is between August 2023 and January 2025, which means the victim continued her relationship with the accused even after his marriage. She is 28 years old and deals with monetary transactions. She knows the consequences of physical relations with a married person prior to marriage. In these circumstances, the ingredients of Section 69 of BNS are prima facie not attracted against the accused.”

The prosecution alleged that the accused gave a false promise of marriage and maintained physical relations with the woman at various hotels and lodges. He also allegedly obtained Rs 8 lakh from her and committed the offence of cheating, which led to an FIR being lodged against the accused and a co-accused.

The accused, however, claimed innocence, stating that he was falsely implicated. He was arrested on July 27 and has been in judicial custody since July 31 after custodial interrogation. The accused and the victim were colleagues at an imitation jewellery shop, where their friendship eventually turned into a relationship.

The accused further argued that he did not have sexual relations with the victim under a false promise of marriage and that the allegation regarding the Rs 8 lakh was baseless. He maintained that the money was taken as a loan to start an imitation jewellery business and was subsequently repaid.

He also produced a bank statement before the investigating officer, showing that the amount had been returned. Additionally, on April 25, the accused and the victim entered into a compromise deed stating that the victim did not owe any amount to the accused.

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