Delhi High Court - Orders
Maharaja Ranjit Singh Gaekwad (Now ... vs Union Of India & Ors on 14 January, 2021
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 399/2020, CMs No.34459/2020 (stay), 34460/2020 (delay) and
1233/2021 (Additional Documents)
MAHARAJA RANJIT SINGH GAEKWAD
(NOW DECEASED) THROUGH: LRS ..... Appellant
Through: Mr.Chandra Uday Singh, Sr.Adv.
with Mr.Prashant Kumar, Adv. with Mr.Amarjit
Singh Bedi, Advs.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Akshay Makhija, CGSC with
Mr.Seerat Deep Singh, Adv. for R1-3/UOI.
Mr.Jagjit Singh, Sr. Counsel for Respondent
No.5/Railways.
Mr.Rajiv Shankar Dvivedi, Mr.Rishabh Jain and
Mr.Sushant Kumar Sarkar, Advocates for R7.
CORAM:
HON' BLE THE CHIEF J USTICE
HON' BLE MS. J USTICE J YOTI SINGH
ORDER
% 14.01.2021 Proceedings in the matter have been conducted through video conferencing.
LPA 399/2020 & C.M.No.34460/2020 (delay), 1233/2021(addl. docs.) Issue notice to the respondents.
Mr.Akshay Makhija, the learned CGSC accepts notice for respondent Nos.1 to 3. Mr.Jagjit Singh, learned counsel accepts notice for respondent No.5/Railways. Mr.Rajiv Shankar Dvivedi, learned counsel accepts notice LPA 399/2020 Pg.1 of 3 Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location: Signing Date:18.01.2021 13:38 for respondent No.7. Learned counsels seek time to file replies. Time as prayed for is granted.
Let the replies be filed before the next date of hearing. Notice be issued to the remaining respondents in both the appeals, returnable on 12th February, 2021.
CM No.34459/2020(stay) in LPA 399/2020 Learned Senior Counsel for the appellant submits that the operation and execution of the eviction order dated 28.11.2001 read with eviction notice/letter dated 06.08.2002 be stayed and Respondent Nos.1 to 3 be restrained from dispossessing the appellant from the property being the subject matter of the said eviction order/notice, during the pendency of the appeal. It is argued that vide order dated 03.09.2002 the learned Single Judge had stayed the dispossession, subject to the payment of license fee by the appellant and the order dated 03.09.2002 is annexed as Annexure-40 to the memo of the present appeal.
Upon suggestion, the learned Senior Counsel for the appellant, on instruction from their client, has accepted the payment of Rs.10,000,00/- (Rupees Ten Lacs Only) per month for retention of the property in question.
Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, subject to deposit of Rs.10,000,00/- (Rupees Ten Lacs Only) per month, with the concerned respondents, within one week, at the end of every calendar month, the operation, implementation and execution of the eviction order dated 28.11.2001 and notice dated 6th August, 2002 shall remain stayed till the disposal of the stay application or the disposal of the appeal, whichever is earlier and the appellant shall not be LPA 399/2020 Pg.2 of 3 Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location: Signing Date:18.01.2021 13:38 dispossessed from the premises in question.
It is made clear that this deposit will not amount to admission of any fact or liability by either party and shall be subject to the outcome of the stay application or the appeal, whichever is decided earlier and is also without prejudice to the rights and contentions of the parties.
Respondents shall file reply to the stay application before the next date of hearing.
List on 12th February, 2021.
CHIEF J USTICE
J YOTI SINGH, J
J ANUARY 14, 2021
'anb'
LPA 399/2020 Pg.3 of 3
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:18.01.2021 13:38