Hon'ble Judges/Coram:
Madan B. Lokur and Deepak Gupta

JUDGMENT

Deepak Gupta, J.

CIVIL APPEAL No. 11360 OF 2017 (Arising out of SLP (C) No. 33396 OF 2011)

1. Leave granted.

2. This appeal is directed against the judgment dated 25th November, 2011 passed in Review Petition No. 694 of 2011, whereby the Division Bench of the Delhi High Court dismissed the review petition and refused to recall the judgment dated 29^th July, 2010 passed in Letters Patent Appeal No. 513 of 2010, which was dismissed, upholding the judgment of the learned Single Judge, dated 12th July, 2010.

3. At the outset, it would be pertinent to mention that a number of writ petitions were filed by the Petitioners who were either ex-servicemen, who had suffered injuries during war or active service or had retired after rendering full service. Some of the writ Petitioners like Chandro Devi (Appellant herein) were family members of the deceased army personnel, who had died in war etc..

4. The original writ Petitioners were rehabilitated by allocating them shops in those colonies where defence personnel reside. These colonies were being managed by the Station Commander. In Delhi such colonies are located at S.P. Marg, Delhi Cantt., Arjun Vihar, Dhaula Kuan, Shankar Vihar etc. It is not disputed that as per the lease deed(s) entered between the writ Petitioners and the Station Commander, the leases were granted to the Petitioners only for a period of 11 months, but there was a Clause in the lease deed that it could be renewed. On 13^th April, 2007 a policy was introduced, which provided that the lease should not be extended beyond 5 years under any circumstances. However, the persons whose leases were cancelled after 5 years could apply for grant of fresh lease after 3 years. The leases of the leaseholders were cancelled since they had held the shops on lease for more than 5 years.

5. The Petitioners challenged non-renewal of their leases and claimed that they were entitled to renewal thereof. The learned Single Judge dismissed the writ petitions. The letter patent appeals filed by the lessees including the Appellant herein were dismissed by the Division Bench. Some of the original writ Petitioners filed special leave petitions before this Court, which were dismissed. However, the Petitioners, who had approached this Court, were granted time to vacate the premises up to 30^th November, 2011 on their filing usual undertaking in this regard. Some of the writ Petitioners like Chandro Devi, the present Appellant, did not approach this Court. After the decision by this Court, one set of review petition(s) was filed by the persons, who had approached this Court and Anr. review petition was filed by Chandro Devi, who had not approached this Court. The review petitions were time barred but the delay was condoned. These review petitions were dismissed leading to the filing of a number of special leave petitions and one contempt petition.

6. On 17^th July, 2017 we had dismissed the Special Leave Petition (Civil) Nos. 4078 of 2011 and 3982 of 2012. We ........