Palvinder Kaur & Ors. vs Union Of India & Ors.
2017 Latest Caselaw 2843 Del

$~40
*IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 31.05.2017
+        W.P.(C) 5225/2017
PALVINDER KAUR & ORS.                                             ..... Petitioners
                                       versus

UNION OF INDIA & ORS.                                             .... Respondents
Advocates who appeared in this case:

For the Petitioner        :   Ms. Amiy Shukla and Mr. Shakti Vardhan, Advocates.

For the Respondent    :       Mr Ajay Digpaul, CGSC with Ms. Madhuri Dhingra, Adv. for
                              UOI
                              Dr. RAjeshwar Rao and Mr. Gyanendra Chaturvedi, Advs. for
                              R-2.
                              Ms. Madhu Gupta and Mr. Sumit Gupta, Advs. for R-3/NHAI

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

31.05.2017 SANJEEV SACHDEVA, J. (ORAL)

CM No. 22199/2017 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 5225/2017 & CM No. 22200/2017

1. The petitioners impugn the action of the respondents in seeking

to demolish the houses of E and F Blocks of Pandav Nagar belonging

to the petitioners.

2. The petitioners also impugn the notice dated 19.05.2017 issued

by the Ministry of Road Transport & Highways requiring the

petitioners to demolish unauthorized properties and if desirous seeks

rehabilitation.

3. Learned counsel for the petitioners submits that the petitioners

are not unauthorized occupants on the National Highways land but are

residents and owners of the land in E and F Blocks of Pandav Nagar

which is a regularized colony.

4. Learned counsel for appearing for National Highways

Authority of India submits that petitioner no. 1 has already filed a

representation in terms of Section 26(2) of the National Highways

(Land and Traffic) Act, 2002 and hearing in the said petition is fixed

for the first week of June, 2017. She submits that in case the other

petitioners also make a representation within three days, the authority

shall consider the same in accordance with law. She further submits

that till the authority takes a decision on the representations, no

demolition action would be carried out.

5. In view of the above, the writ petition is disposed of permitting

the other petitioners to also make a representation to the appropriate

authority in terms of Section 26(2) within a period of three days from

today.

6. On such a representation being made, the appropriate authority

shall consider the same in accordance with the law, grant an

opportunity of a hearing and pass a speaking order.

7. In case the appropriate authority rejects the representation, the

order of rejection shall be communicated to the respective applicants.

Further, for a period of one week of the communication of the

rejection order, no demolition action shall be taken.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 31, 2017 'rs'