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2017 Supreme(Del) 2517

G.S.SISTANI, CHANDER SHEKHAR
RAMDHARI DEVI – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
Fotr the Petitioner: Mr. Vivek Sharma, Adv.
For the Respondents: Ms. Reema Khorana, Adv., Mr. Sidhartha Shankar Ray, Adv., along with SI Pawan Kumar, PS Kalkaji, Mr. S.N.Choudhri, Adv.

JUDGMENT :

G.S. SISTANI, J.

1. Present petition has been instituted under Article 226 of the Constitution of India seeking a writ of Mandamus against respondent no. 1 not to evict the petitioner from a site at Shop no. 6, A-Block, Arya Samaj Mandir, Kalkaji, New Delhi. A direction is also sought against respondent no.2/SHO, PS Kalkaji not to harass the petitioner. A direction is also sought against respondents no. 3 and 4, i.e. the Secretary and Cashier, Arya Samaj Mandir Trust, restraining them from evicting the petitioner from the site in question.

2. The petitioner claims that her husband had been squatting inside the Arya Samaj Mandir. He was allotted the site in question, i.e. Shop No.6 way-back in the year 1970. Thereafter, her husband met with an accident leaving him crippled. The petitioner claims that she has been regularly squatting initially from inside the Arya Samaj Mandir and later on, outside the Mandir. She claims that copies of challans have been placed on record to show that the petitioner is a regular squatter.

3. Notice was issued in the matter. Learned counsel for the SDMC has filed a short affidavit/status report dated 25.02.2017, which reads as under:

“1. That I R










































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