Amrik Singh Sabharwal vs Kanta Devi
1994 Latest Caselaw 101 Del

JUDGMENT

R.C. Lahoti, J.

1. Heard on the question of admission. This is a petition under Article 227 of the Constitution of India seeking quashing of the Order dated 13th October, 1993 passed by the Addl. District Judge by which an appeal against the Order of the Trial Court rejecting plain tiff/petitioner's prayer for grant of ad-interim injunction was dismissed. Learned counsel for the petitioner submits that if the petitioner was found to be in possession, even if unauthorised, he was entitled to be protected against any forcible dispossession resorted to otherwise than in due course of law. The learned counsel for the petitioner has invited attention of this Court to Section 30 of the Delhi Development Act, 1957 and Section 343 of Delhi Municipal Corporation Act, 1957 while submitting that the petitioner's possession could not have been removed without serving a notice on him as contemplated by the two provisions referred to by him.

2. The submission seems to have some force. The authorities constituted by law are supposed to act within the Tour corners of law and not to take law in their own hands. However, it is not necessary to admit this petition. The petition is dismissed without notice to the other side subject to the observation that the Respondent No. 2, Delhi Development Authority shall take care to observe the compliance with law before ejecting the petitioner or before demolition of any super-structure belonging to the petitioner.

3. The petition stands disposed of accordingly. Let a copy of this order be communicated to the Respondent No. I/Delhi Development Authority.