Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.88 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants/writ petitioners are aggrieved by the order dated
09.02.2021 passed by the learned Single Judge dismissing
W.P.No.2993 of 2021 filed by them challenging the action of the
respondent No.1/Municipality in issuing them notices of demolition of
the houses under their occupation.
2. In the impugned order, the learned Single Judge has observed that the Government is the owner of the subject premises and a perusal of the photographs filed along with the writ petition demonstrate that the structures in question are in a dilapidated condition and likely to collapse at any time. Noting the fact that the appellants/writ petitioners have been residing in the subject premises for the past several years, they have been granted a period of one month to make alternate arrangements and move out therefrom. The period of one month reckoned from 09.02.2021 would have expired on 08.03.2021.
3. Today, learned counsel for the appellants/writ petitioners states that instead of pressing the present appeal on merits, the appellants/writ petitioners may be granted some more time to vacate the subject premises. He further states that the appellants/writ petitioners will file affidavits undertaking inter alia to handover W.A.No.88 of 2021 Page 1 of 2 vacant peaceful possession of the subject premises to the respondent No.1/Municipality, if granted a reasonable time to make alternate arrangements.
4. In view of the submission made by learned counsel for the appellants/writ petitioners, it is deemed appropriate to extend the time for vacating the subject premises and handing over peaceful possession thereof to the respondent No.1/Municipality on or before 07.04.2021 subject to each of the appellants/writ petitioners filing affidavits undertaking to this Court that they and their family members shall abide by the aforesaid order and shall not seek any further time from the Court to vacate the premises. The affidavits shall also state that the appellants/writ petitioners and their family members have elected to continue occupying the subject premises till 07.04.2021, at their own risk and peril and in the event of any incident of the building collapsing, they will not hold the respondents liable in any manner.
5. In the event, the affidavits are not filed within one week from today as ordered above, the respondent No.1/Municipality shall be at liberty to proceed and demolish the subject property. The present appeal is, accordingly, disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 17.03.2021 lur W.A.No.88 of 2021 Page 2 of 2