Delhi High Court - Orders
Prem Lal Sharma vs Government Of Nct Of Delhi And Ors on 12 May, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2792/2020
PREM LAL SHARMA ..... Petitioner
Through: Mr. Nipun Arora, Advocate.
(M:8800565686)
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Ms. Saumya Tandon, Advocate for R-
1 to 3. (M:9810907029)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.05.2021
1. This hearing has been done through video conferencing. CM APPL.16244/2021 (for exemption from filing attested affidavits)
2. This is an application seeking exemption from filing duly attested affidavits. Binding the deponent of the affidavits to the contents of the application, the exemption is granted. However, the physical copy of the attested affidavits be filed in the Registry within two weeks after the physical court functioning resumes. Application is disposed of. CM APPL.16243/2021 (for early hearing)
3. This is an application seeking early/urgent hearing. For the reasons stated in the application, the application is allowed and the same is disposed of.
W.P.(C) 2792/2020
4. The Petitioner, who is a senior citizen, has filed the present petition seeking various directions to the Respondents. The prayers in the petition are as under:
W.P.(C) 2792/2020 Page 1 of 4"A. Direct the Respondents No. 4 to 6 to vacate the property located at 1/9752, West Gorakh Park, Gali No. IE, Shahdara, Delhi, and not to disturb the Petitioner's occupation and enjoyment of the said property;
B. In alternate to the above,- direct the Respondent No. 2 to dispose of the Eviction Case No. 70/2019 expeditiously, preferably within 15 days;
C. Direct the Respondent No. 3 to provide adequate protection to the Petitioner to ensure his safety and security, and also to ensure that the Respondents No. 4-6 do not threaten the Petitioner in any manner."
5. The case of the Petitioner is that he claims to be the owner of the property bearing no.1/9752, West Gorakh Park, Gali No. IE, Shahdara, Delhi. The Petitioner's case is that he has been forced to reside outside the property in question as his sons have occupied the property in question. The Petitioner therefore seeks eviction of his sons from the premises in question so that he can peacefully live in his own house.
6. The grievance of the Petitioner, raised in this petition, is that an eviction petition under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter the "Act") read with Rule 22 of the Rules framed thereunder, bearing Eviction Case No. 70/2019 has been heard by the District Magistrate, Shahdara Division, on two occasions. However, the order has not been passed yet.
7. Ld. counsel for the Petitioner submits that the Petitioner has been W.P.(C) 2792/2020 Page 2 of 4 forced to live either with his daughter or other relatives despite being the owner of the premises, as the eviction petition is not being decided quickly.
8. Issue notice to the Respondents.
9. Ms. Tandon, ld. Counsel appearing for the District Magistrate, submits that she has sought instructions and has been told that arguments have been concluded in the eviction petition before the District Magistrate, and the District Magistrate is ready to pass orders. The same was held back however, due to the lockdown situation, in view of the pandemic.
10. Let notice be served to the Respondent Nos. 4, 5 & 6 by the Petitioner, as also by the Registry by giving intimation on their mobile numbers, which are as under:
Respondent No. 4- Mr. Rajesh Sharma (M: 9971067328) Respondent No. 5- Mr. Pankaj Sharma (M: 6395563090) Respondent No. 6- Ms. Geeta Sharma (w/o Late Mr. Yogesh Sharma) (M:9971340841)
11. Ms. Tandon, ld. Counsel, to also inform the concerned District Magistrate to intimate the Respondent Nos.4, 5 & 6 about the next date of hearing in this matter before this Court.
12. In the meantime, the District Magistrate, who has heard the arguments in the matter, is also directed to finalize and pronounce the order, and place the same before this Court.
13. List on 27th May, 2021.
14. Copy of this order be sent to the District Magistrate, Shahdara Division, Delhi. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring W.P.(C) 2792/2020 Page 3 of 4 compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
MAY 12, 2021/dk/Ak W.P.(C) 2792/2020 Page 4 of 4