Delhi High Court
Biru Ram And Anr vs North Delhi Municipal ... on 23 September, 2021
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd September, 2021
+ W.P.(C) 10831/2021
BIRU RAM & ANR. ..... Petitioners
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Arush Kapoor, Advocate
For the Respondents : Mr. Kapil Dutta, Advocate
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
CM APPLN. 33420/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 10831/2021 & CM APPLN. 33421/2021 (stay)
1. Petitioner seeks stay on the vacation order dated 13.09.2021
and a direction to the respondent corporation not to take any coercive
action in respect of property bearing No. T-510/C, Hill Road, Baljit
Nagar, Delhi till the regularization application is heard and decided.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.09.2021
Signing Date:24.09.2021 07:41:25 22:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Issue notice. Notice is accepted by learned counsel appearing
for respondent.
3. Learned counsel appearing for respondent-Corporation submits
that the regularization application stands rejected by order dated
12.02.2021 on the ground that chain of ownership was not complete.
4. Learned counsel for the petitioner submits that the order has
never been communicated to the petitioner. He further submits that
father of the petitioner was the owner of the property and he by a
registered Will has bequeathed the property in favour of the
petitioners. He submits that even otherwise petitioners are Class-I
legal heirs of the deceased/owner of the property Mr. Nathu Ram.
5. He further submits that no notice or opportunity was given to
the petitioner to produce the ownership documents.
6. Without getting into said controversy, since rejection of the
regularization application has been done on the limited ground of
incomplete ownership chain, an opportunity is required to be given to
the petitioner to produce the complete chain of ownership documents
in support of the regularization application.
7. Accordingly, this petition is disposed of permitting the
petitioners to file a fresh application for regularization along with
documents of chain of ownership within a period of two weeks from
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.09.2021
Signing Date:24.09.2021 07:41:25 22:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
today.
8. Thereafter, respondent-Corporation shall dispose of the
application for regularization on merits within a period of two weeks.
In case the application is proposed to be rejected, a speaking order
shall be passed and communicated to the petitioner to enable the
petitioners to take their remedies in law.
9. Till the time the regularization application is decided and if
rejected, for a period of one week thereafter, no coercive action shall
be taken against the property of the petitioners.
10. It is, however, clarified that in case no regularization
application is filed within a period of two weeks from today, this
order shall automatically lapse and the Corporation would be at liberty
to take action in accordance with law without recourse to the Court.
11. Petition is allowed in the above terms.
SANJEEV SACHDEVA, J
SEPTEMBER 23, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.09.2021
Signing Date:24.09.2021 07:41:25 22:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
