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DELHI HIGH COURT
PRATHIBA M.SINGH
Praveen Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioners are occupants under dispute. (Para 1 , 2) |
| 2. arguments concerning the validity of the notice. (Para 3 , 4) |
| 3. court's directive to treat notice appropriately. (Para 5 , 6) |
| 4. conclusion and disposal of the petition. (Para 7 , 8) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--The Petitioners in the present case have approached this Court on the ground that they are occupants of shops at the Ground Floor of property bearing No.830, Ward No.VII, Katra Hindu, Farash Khana, Delhi - 110006 (hereinafter, `suit premises').
2. The case of the Petitioners is that they are occupants who are paying license fee to the Corporation. They have now been served notice dated 17th March, 2021 issued by the Deputy Director (Property), Delhi Urban Shelter Improvement board (hereinafter, `DUSIB'), asking them to vacate the shop within a period of seven days. The case of the Petitioners is that under Sections 41 and 42 of the DUSIB Act, 2010, a show cause notice ought to mandatorily be issued to any occupant and after affording a hearing, orders can be passed. However, in the present case, though the impugned order mentions that it is a notice under Sections 41 and 42, it is not a notic
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.
Procedural fairness mandates that parties must be given an opportunity to respond before adverse action is taken, as upheld in the context of the notice issued under the Delhi Municipal Corporation A....
The principle of natural justice requires providing an opportunity to be heard before taking coercive action.
The court ruled that the policy for converting properties under the DUSIB Act applies only to residential plots, and failure to mutate properties renders occupancy unauthorized.
The court upheld that under the relevant law, commercial properties cannot be converted from license to freehold, affirming the requirement of original allottees' compliance for legal recognition.
A policy allowing leasehold conversion for residential properties does not apply to commercial properties, and failure to seek mutation negates occupancy rights.
Compliance with the terms and conditions of allotment, including prohibition on unauthorized constructions and transfer of possession, is essential to contest eviction under the DUSIB Act, 2010.
Policies regarding land rights are within government discretion unless shown to be arbitrary; judicial intervention is limited.
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....
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