Delhi High Court
Anju Bala & Anr. vs East Delhi Municipal Corporation ... on 8 February, 2021
$~47
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.02.2021
+ W.P.(C) 1657/2021
ANJU BALA & ANR. ..... Petitioners
versus
EAST DELHI MUNICIPAL CORPORATION & ANR.
.....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Abhishek Rana, Advocate.
For the Respondent: Mr. Rajan Tyagi & Mr. Umang Tyagi, Advocates
for EDMC/R-1.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.4738/2021(Exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1657/2021 & CM APPL.4739/2021(stay)
1. The hearing was conducted through video conferencing.
2. Petitioners impugn order/letter dated 06.01.2021 whereby
petitioners have been directed to remove the alleged illegal structure
from the land in question within one month from the receipt of the
notice.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:08.02.2021 23:18:36 W.P(C) 1657/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Order dated 06.01.2021 states that the same is in compliance of
directions contained in order dated 26.08.2019 in WP(C) 2365/2016
of the High Court.
4. Learned Senior Counsel appearing for the petitioners contends
that petitioners has been in occupation of the subject land for several
decades. He further submits that by order dated 26.08.2019 in WP(C)
2365/2016, the Division Bench of this Court had directed the
respondents to remove the encroachment in accordance with Law,
Rules, Regulations and Government Policy, after giving adequate
opportunity of being heard to the owners/occupiers of the super-
structure.
5. Learned Senior Counsel submits though a show-cause notice
was issued which was duly replied to, no hearing was afforded to the
petitioners.
6. Issue notice. Notice is accepted by learned counsel appearing
for the respondents.
7. Learned counsel appearing for the respondents, under
instructions, submits that the subject orders deal with the contentions
of the petitioners as stated in their replies, however he concedes that
no personal hearing was granted to the petitioners.
8. In view of the above, without commenting on the merits of the
order, since no personal hearing has been granted to the petitioners
which was mandated by order dated 26.08.2019 in WP(C) 2365/2016,
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:08.02.2021 23:18:36 W.P(C) 1657/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
the impugned order is set aside.
9. The matter is remitted to the respondents for granting a hearing
to Petitioners consequent to the show-cause notice issued to them and
thereafter to pass a fresh order.
10. It is expected that the proceedings shall be finalized by the
respondents expeditiously, preferably within a period of three weeks
from today.
11. All rights and contentions of the parties are reserved.
12. Petition along with pending applications are disposed of in the
above terms.
13. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J.
FEBRUARY 08, 2021
ak
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:08.02.2021 23:18:36 W.P(C) 1657/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
