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2021 Supreme(Del) 1908
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Ashok Kumar & Ors. - Appellants
Versus
Commissioner, Edmc & Anr. - Respondents
Writ Petition (Civil) No. 1075 of 2021
Decided On : 29-01-2021
Important Points
Subject
Land Dispute - Property Rights
Headnote
Exemption - Land Dispute - The court set aside the impugned order directing the removal of an alleged illegal structure from the land, as the petitioners were not granted a personal hearing as mandated by a previous court order. The matter was remitted to the respondents for granting a hearing to the petitioners and to pass a fresh order expeditiously.
Fact of the Case:
The petitioners challenged an order directing the removal of an alleged illegal structure from the land, stating that they were not granted a personal hearing as mandated by a previous court order.
Finding of the Court:
The court set aside the impugned order and remitted the matter to the respondents for granting a hearing to the petitioners and to pass a fresh order expeditiously.
Issues: The main issue was the lack of a personal hearing for the petitioners as mandated by a previous court order.
Ratio Decidendi: The court's decision was influenced by the failure to grant a personal hearing to the petitioners as mandated by a previous court order, leading to the setting aside of the impugned order.
Final Decision: The impugned order was set aside, and the matter was remitted to the respondents for granting a hearing to the petitioners and to pass a fresh order expeditiously.
Sachin Dutta, Advocate, Lalit Kumar Rawalm, Advocate, Pawan Sharma, Advocate, Rajan Tyagi, Advocate, Umang Tyagi, Advocate
JUDGMENT
Sanjeev Sachdeva, J. - CM APPL.2997/2021(Exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1075/2021 & CM APPL.2998/2021
1. Petitioners impugn the order/letter dated 06.01.2021, whereby petitioners have been directed to remove the alleged illegal structure from the land in question within one month from the receipt of the notice.
2. Order dated 06.01.2021 states that the same is in compliance of directions contained in order dated 26.08.2019 in WP(C) 2365/2016 of the High Court.
3. Learned Senior Counsel appearing for the petitioners contends that each of the petitioners has been in occupation of the respective subject land for several decades. He further submits that by order dated 26.08.2019 in WP(C) 2365/2016, the Division Bench of this Court had directed the respondents to remove the encroachment in accordance with Law, Rules, Regulations and Government Policy, after giving adequate opportunity of being heard to the owners/occupiers of the super-structure.
4. Learned Senior Counsel submits though a show-cause notice was issued which was duly replied to, no hearing was afforded to any of the petitioners.
5. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
6. Learned counsel appearing for the respondents, under instructions, submits that the subject orders deal with the contentions of the petitioners as stated in their replies, however he concedes that no personal hearing was granted to the petitioners.
7. In view of the above, without commenting on the merits of the order, since no personal hearing has been granted to the petitioners which was mandated by order dated 26.08.2019 in WP(C) 2365/2016, the impugned order is set aside.
8. The matter is remitted to the respondents for granting a hearing to the Petitioners consequent to the show-cause notice issued to them and thereafter to pass a fresh order.
9. It is expected that the proceedings shall be finalized by the respondents expeditiously, preferably within a period of three weeks from today.
10. All rights and contentions of the parties are reserved.
11. Petition along with pending applications are disposed of in the above terms.
12. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
