JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL.4738/2021(Exemption)

Exemption is allowed subject to all just exceptions.

W.P.(C) 1657/2021 & CM APPL.4739/2021(stay)

1. The hearing was conducted through video conferencing.

2. Petitioners impugn 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.

3. 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.

4. Learned Senior Counsel appearing for the petitioners contends that petitioners has been in occupation of the 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.

5. Learned Senior Counsel submits though a show-cause notice was issued which was duly replied to, no hearing was afforded to the petitioners.

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