Sh. I.P. Handa vs Ndmc

Citation : 2009 Latest Caselaw 2500 Del
Judgement Date : 6 July, 2009

Delhi High Court
Sh. I.P. Handa vs Ndmc on 6 July, 2009
Author: Anil Kumar
*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P.(C.) No.9823/2009

%                       Date of Decision: 06.07.2009

Sh. I.P. Handa                                         .... Petitioner
                        Through Mr.Vishwa Lochan Madan, Advocate

                                  Versus

NDMC                                                   .... Respondent
                        Through Mr.Manoj K. Singh, Advcoate
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.    Whether reporters of Local papers may be                  YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                     NO
3.    Whether the judgment should be reported in                 NO
      the Digest?


ANIL KUMAR, J.

* The grievance of the petitioner is that pursuant to the cancellation notice dated 25th June, 2009, the respondent is contemplating dispossessing the petitioner without taking action in accordance with law.

Issue notice to the respondent as to why rule nisi be not issued. Mr.Singh accepts notice on behalf of NDMC.

With the consent of the parties, the matter is taken up for final disposal.

Learned counsel for the respondent, on instructions, states that New Delhi Municipal Council shall take action against the petitioner for dispossession in accordance with law by resorting to the procedure W.P.(C.) No.9823/2009 Page 1 of 2 prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act. Learned counsel also contends that the provisions of the said Act shall also be invoked for recovering any amount allegedly due from the petitioner. The said action shall be without prejudice to the rights and contentions of the petitioner.

In view of the statement of the learned counsel for the respondent, the petition is disposed of with a direction to the respondent to take possession from the petitioner and recover any amount, if due from the petitioner in accordance with law.

The petition is disposed of in terms hereof.

July 06, 2009                                        ANIL KUMAR, J.
'Dev'




W.P.(C.) No.9823/2009                                         Page 2 of 2