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MINI PUSHKARNA
Simi Nanda – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. The present writ petitions have been filed on behalf of the petitioners to quash the show cause notices dated 08.02.2023 issued by the Delhi Development Authority (DDA) asking the petitioners to show cause as to why they should not be evicted from the units occupied by the petitioners in Janak Place District Centre, Janakpuri, New Delhi-110058. The notices have been issued by DDA under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act). There is further prayer for directions to the respondent no. 2 to frame policy/ guidelines for the units in question, in terms of the orders as passed by this Court dated 05.08.2016 in W.P. (C) No. 2280/2016, titled as Ganga Jamuna Saraswati Vs Union of India & Ors.
2. It is the case of the petitioners that they were allotted different commercial units in Janak Place Market, Janakpuri District Centre on different dates. As per the case of the DDA, the said licences were not renewed approximately after 2014, though as per learned senior counsel appearing for the petitioners, the
The main legal point established in the judgment is the maintainability of writ petitions filed against show cause notices issued under Section 4 of the Public Premises (Eviction of Unauthorized Occu....
Mere issuance of show cause notices does not entitle occupants to challenge them, and the court does not have jurisdiction to entertain petitions challenging proceedings under the Public Premises Act....
The central legal point established in the judgment is that the nature of payments made by occupants, coupled with evidence of regularization or lawful occupation, determines their status as authoriz....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
Government agencies must meet the same standards as private parties when seeking to condone delays; the safeguarding of public land is paramount in legal proceedings.
The court mandated that a proper show cause notice and hearing must be provided to occupants under the DUSIB Act before any vacate orders can be enforced.
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