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2024 Supreme(Online)(DEL) 3271

HIGH COURT OF DELHI
HON'BLE THE ACTING CHIEF JUSTICE, ACJ, HON'BLE MR. JUSTICE TUSHAR RAO GEDELA, J
SANJAY KUMAR & ORS. – Appellant
Versus
UNION OF INDIA THROUGH ITS SECRETARY & ORS. – Respondent


Mr. Rajiv Khosla, Advocate; Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Varun Pratap Singh and Mr. Ranjeev Khatana, Advocates.

JUDGEMENT

TUSHAR RAO GEDELA, J. 1. The present appeal has been preferred under Clause X of the Letters Patent Act , 1866 assailing the judgment dated 9th July, 2024 passed by the learned Single Judge of this Court dismissing the W.P.(C) 3307/2024 titled “Sanjay Kumar & Ors vs. Union of India & Ors.” filed by the appellants.

2. The facts germane to the present appeal, shorn of unnecessary details and culled out from the appeal, are as under:

    a) The appellants claim to be the lawful occupants of Khyber Pass Hostel Hutments/ servant quarters. The appellant nos. 5 & 7 are allottees, who claim to have been lawfully inducted and the other appellants are permissive occupants for many decades. The appellants also state that the rent was also paid by the appellant nos.

5 & 7 till 2001, and thereafter no one collected any rent from them.

b) It is the case of the appellants that the area in question, where the appellants are residing is controlled by respondent no. 2/Ministry of Defence. A demolition notice dated 1st March, 2024, was pasted on the wall of Khyber Pass Hostel directing the appellants to vacate the hutments and remove illegal constructions from their lands before 4th March, 2023. T

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