Delhi High Court - Orders
Ajay Maken & Ors vs Union Of India & Ors on 21 November, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~57.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11616/2015
AJAY MAKEN & ORS. ..... Petitioner
Through: Ms. Kawalpreet Kuar, Mr. Umesh
Kumar, Ms. Sumayya Khatoon and
Mr. Haidar Ali, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondent
Through: Mr. Kirtiman Singh, CGSC with Mr.
Waize Ali Noor, Ms. Kunjala
Bhardwaj, Ms. Vidhi Jain, Mr.
Madhav Bajaj and Mr. Yash
Upadhyay, Advocates for respondent/
UOI.
Mr. Parvinder Chauhan, Advocate for
respondent No.2/ DUSIB.
Mr. Om Prakash, Mr. Chandresh
Pratap, Ms. Swati Mishra for
Respondent/ Railways.
Mr. Santosh Kumar Tripathi,
Standing Counsel with Mr. Arun
Panwar, Advocate for Respondent/
GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 21.11.2022 C.M. No. 49718/2022 The Applicant before this Court has drawn the attention of this Court towards notices served on the Slum/ Jhuggi dwellers which is annexed as Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34 Annexure-A1. The aforesaid notice is a cyclostyled notice which does not contain any details as to why the structure is going to be demolished.
Learned Counsel for the Applicant has also stated before this Court that the Respondent Railways is certainly free to demolish those structures which have come up contrary to the scheme laid down by the Respondents. However, the structure can be demolished after identifying the structure and after following the due process of law i.e. only after issuing a proper notice and thereafter receiving a proper reply.
Learned Counsel for the Respondent Railways when confronted with the aforesaid situation, was fair enough in stating that he has instructions to withdraw all the notices issued to the Jhuggi owners, with a liberty to issue a fresh notice providing all minute details in respect of structures which have come up after 01.01.2015.
In light of the aforesaid statement made by the Learned Counsel for the Respondent Railways, the present Application stands disposed of.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J NOVEMBER 21, 2022 aks Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34