Shaik Karimuddin vs The Dornakal Municipality
2021 Latest Caselaw 816 Tel

Item No.8

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                    WRIT APPEAL No.88 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    The appellants/writ petitioners are aggrieved by the order dated

09.02.2021 passed by the learned Single Judge dismissing

W.P.No.2993 of 2021 filed by them challenging the action of the

respondent No.1/Municipality in issuing them notices of demolition of

the houses under their occupation.

2. In the impugned order, the learned Single Judge has observed

that the Government is the owner of the subject premises and a

perusal of the photographs filed along with the writ petition

demonstrate that the structures in question are in a dilapidated

condition and likely to collapse at any time. Noting the fact that the

appellants/writ petitioners have been residing in the subject premises

for the past several years, they have been granted a period of one

month to make alternate arrangements and move out therefrom. The

period of one month reckoned from 09.02.2021 would have expired

on 08.03.2021.

3. Today, learned counsel for the appellants/writ petitioners states

that instead of pressing the present appeal on merits, the

appellants/writ petitioners may be granted some more time to vacate

the subject premises. He further states that the appellants/writ

petitioners will file affidavits undertaking inter alia to handover

vacant peaceful possession of the subject premises to the respondent

No.1/Municipality, if granted a reasonable time to make alternate

arrangements.

4. In view of the submission made by learned counsel for the

appellants/writ petitioners, it is deemed appropriate to extend the time

for vacating the subject premises and handing over peaceful

possession thereof to the respondent No.1/Municipality on or before

07.04.2021 subject to each of the appellants/writ petitioners filing

affidavits undertaking to this Court that they and their family

members shall abide by the aforesaid order and shall not seek any

further time from the Court to vacate the premises. The affidavits

shall also state that the appellants/writ petitioners and their family

members have elected to continue occupying the subject premises till

07.04.2021, at their own risk and peril and in the event of any incident

of the building collapsing, they will not hold the respondents liable in

any manner.

5. In the event, the affidavits are not filed within one week from

today as ordered above, the respondent No.1/Municipality shall be at

liberty to proceed and demolish the subject property. The present

appeal is, accordingly, disposed of along with the pending

applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 17.03.2021 lur