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2024 Supreme(Online)(DEL) 15777

HIGH COURT OF DELHI
MR. JUSTICE SANJEEV NARULA, J
BHAGWAN DASS – Appellant
Versus
LAND AND DEVELOPMENT OFFICER & ANR. – Respondent


Advocates:
AJAY KUMAR

O R D E R

1. The Petitioner contends that his late father, Mr. Ram Nath, was allotted Shop No. 29(3), Market Khyber Pass, Civil Lines, New Delhi – 1100541, by Respondent No. 1, which was used for running a kirayana shop. The Petitioner’s father was regularly paying rent with respect to the Subject Property till the year 1976, whereafter Respondent No. 1 stopped accepting the rent. Nonetheless, the Petitioner asserts that they were in lawful occupation of the Subject Property, and places reliance on electricity bills and other such documents to establish their long possession over the same.

2. The Subject Property has now been demolished on 3rd August, 2024 at the instance of Respondent No. 1. The Petitioner contends that the

1 “Subject Property”

W.P.(C) 12777/2024 Page 1 of 5 demolition constitutes an unlawful action as Respondent No. 1 did not give any notice to the Petitioner under the Public Premises (Eviction of Unauthorised Occupants) Act, 19712 or even terminate the tenancy of the Petitioner’s father. Therefore, it is argued that the demolition action is liable to be set aside. Further, it is contended that the Petitioner and his father were in continuous interrupted lawful posse

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