Delhi High Court
Ranjit Singh & Anr. vs Union Of India, on 30 November, 2021
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.11.2021
+ W.P.(C) 13545/2021 & CM. APPL. 42744-45/2021
RANJIT SINGH & ANR. ..... Petitioners
versus
UNION OF INDIA, ..... Respondent
Advocates who appeared in this case:
For Petitioners: Dr. Anmol Rattan Sidhu Sr. Adv. with Mr. Raghav Gulati
and Ms. Sudha, Advocates.
For Respondents: Mr. Jagjit Singh, Senior Panel Counsel with Mr. Preet
Singh and Mr. Vipin Chaudhary, Advocates for Railways.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners seek a direction to the respondent not to demolish or
create hindrance in construction raised over residential property
bearing numbers 4294-96 at Queens Road, S.P. Mukherji Marg, near
Pul Mithai, Delhi, without following the procedure established by law.
2. Learned senior counsel for the petitioner submits that the
petitioner has also filed a civil suit, in which, by order dated
12.03.2020, respondents were directed to maintain status quo with
respect to the aforementioned properties. He submits that despite the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
status-quo order, respondents came and demolished the property on
the same day and have further issued notice to the petitioners to
remove the unauthorized construction from the subject land.
3. Learned counsel appearing for the respondent, on advance
notice disputes the said contention. He submits that the petitioners are
encroachers upon Railway land and action in accordance with law has
been taken. He submits that no action has been taken by the
respondent in breach of the status-quo order and further the orders
passed by the civil court would be duly abided and if any further
actions, needs to be taken, same shall be taken in terms of the
directions issued by the civil court.
4. He further submits that the petitioners are also not maintaining
the status-quo as obtaining on 12.03.2020.
5. Learned senior counsel for the petitioner assures that the status
of the properties as obtaining on 12.03.2020 shall be maintained as
directed by the civil court.
6. In view of the above, petition is disposed of in terms of the
order dated 12.03.2020, passed by the civil court. All disputes and
questions are left open, to be adjudicated in the civil suit filed by the
petitioners.
7. It is clarified that this Court has neither considered, nor
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
commented upon the merits of the claim of either party and civil court
shall adjudicate the disputes in accordance with law without being
influenced by anything stated herein.
8. Petition is disposed of in the above terms. Keeping in view the
facts and circumstances of the case, the civil court is directed to
expedite the proceedings.
SANJEEV SACHDEVA, J
NOVEMBER 30, 2021/NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
