Sh. I.P. Handa vs Ndmc
2009 Latest Caselaw 2500 Del

*            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

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'