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2021 Supreme(Del) 2235

SANJEEV SACHDEVA
Community Welfare Banquet & Ors – Appellant
Versus
Government Of National Capital Territory Of Delhi & Ors – Respondent


Advocates appeared:
Sachin Chopra, Advocate, Astha Gupta, Advocate, Sunil Dalal, Advocate, Devashish Bhadauria, Advocate, Sanjoy Ghose, Advocate, Naman Jain, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - These petitions inter alia seek quashing of orders dated 12.6.2020 whereby banquet halls were requisitioned for converting them into makeshift COVID-19 designated hospitals/zones.

2. Learned counsel for the petitioner submits that after filing of the petition, all the banquet halls have been re-requisitioned and handed back on 21.8.2020.

3. Learned counsel submits that though the banquet halls have been handed back, the question as to the legality of the subject order or the right of the respondent to pass such an order still survives.

4. He further submits that in terms of Section 66 of the Disaster Management Act, 2005 (hereinafter referred to as the Act), the concerned officer, who requisitioned the property was also required to determine the compensation to be paid for such purpose.

5. Learned counsel submits that it was obligatory on the said officer to pass the order of payment compensation in terms of Section 66 without the requirement of an application.

6. Learned counsel for the respondents submits that since one of the factors for determination of compensation, under Section 66 of the Act, is the rent payable in respect of the said premises, it w

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