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$-1, 18, 20, 74, 75 HIGH COURT OF DELHI W.P.fCI 4846/2015 & CM 8745/2015
VISHAL Petitioner
VISHAL Petitioner
VERSUS
MUNICIPAL CORPORATION OF DELHI (NORTH) Respondent
W.P.(CI 4929/2015 & CM 8917/2015
M/S TARA CHAND & BROS. Petitioners
M/S TARA CHAND & BROS. Petitioners
VERSUS
W.P.(CI 4994/2015 & CM 9014/2015
ROSHAN LAL (DEAD) THROUGH TARUN KUMAR Petitioner
ROSHAN LAL (DEAD) THROUGH TARUN KUMAR Petitioner
VERSUS
MUNICIPAL CORPORATION OF DELHI, W.P.(C) 5098/2015 & CM 9234/2015
M/S YIJAY CROWN & CO. Petitioner
M/S YIJAY CROWN & CO. Petitioner
VERSUS
W.P.fO 5120/2015 & CM 9272/2015 AMIT GUPTA Petitioner
VERSUS
2015:DHC:11037 Pr: Mr Subodh K. Pathak, Advocate for petitioners in item Nos. 1,18,20, 74 & 75.
Ms Mini Pushkama, St. Counsel with Ms Yoothica Pallavi, Advocate forNDMC in item Nos. 1,18,20,74,75.
Mr Moutoo, Alo, Litg, NDMC in item Nos. 1,18,20,74,75.
Ms Mini Pushkama, St. Counsel with Ms Yoothica Pallavi, Advocate forNDMC in item Nos. 1,18,20,74,75.
Mr Moutoo, Alo, Litg, NDMC in item Nos. 1,18,20,74,75.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
25.05.2015 The petitioners who claim to be occupants of various shops in the premises being Novelty Cinema, Queens Road, S.P.M. Marg, Delhi have assailed show cause notices issued by the North Delhi Municipal
Corporation for evicting the petitioners from the shops occupied by them.
The petitioners were inductedin the said premises by M/s Jagat Talkies who were tenants of the entire cinema complex including cycle stand. It is not disputed that the Novelty Cinema Complex belongs to Municipal
Corporation of Delhi (now North Delhi Municipal Corporation). The
Municipal Corporation of Delhi had prevailed in obtaining orders for eviction of M/s Jagat Talkies. The petitioners contend that they are entitled to occupy the said premises by virtue of a statement made on behalf of the respondent corporation of Delhi and as recorded in an order passed on
17.12.2009 inCM No. 15849/2009 inW.P. (C) 14283/2004. The respondent corporation has filed an affidavit stating that the statement made on behalf of the Municipal Corporation of Delhi was unauthorized and without ascertaining the correct facts. It is also asserted that there was no possibility of relocating the occupiers of the shops of Novelty Cinema (such as the petitioners) pursuant to any development plan.
In view of the affidavit filed by the respondent corporation, the learned counsel for the petitioners seeks to withdraw the present petition with liberty to respond to the show cause notices. In the circumstances, the petitions are dismissed as withdrawn with liberty to the petitioners to file their response to the show cause notices within one week from today.
Needless to mention that the response ofthe petitioners would be considered by the respondent corporation and the respondent corporation shall proceed in accordance with law.
VIBHUBAKHRU, J MAY 25, 2015 pkv
25.05.2015 The petitioners who claim to be occupants of various shops in the premises being Novelty Cinema, Queens Road, S.P.M. Marg, Delhi have assailed show cause notices issued by the North Delhi Municipal
Corporation for evicting the petitioners from the shops occupied by them.
The petitioners were inductedin the said premises by M/s Jagat Talkies who were tenants of the entire cinema complex including cycle stand. It is not disputed that the Novelty Cinema Complex belongs to Municipal
Corporation of Delhi (now North Delhi Municipal Corporation). The
Municipal Corporation of Delhi had prevailed in obtaining orders for eviction of M/s Jagat Talkies. The petitioners contend that they are entitled to occupy the said premises by virtue of a statement made on behalf of the respondent corporation of Delhi and as recorded in an order passed on
17.12.2009 inCM No. 15849/2009 inW.P. (C) 14283/2004. The respondent corporation has filed an affidavit stating that the statement made on behalf of the Municipal Corporation of Delhi was unauthorized and without ascertaining the correct facts. It is also asserted that there was no possibility of relocating the occupiers of the shops of Novelty Cinema (such as the petitioners) pursuant to any development plan.
In view of the affidavit filed by the respondent corporation, the learned counsel for the petitioners seeks to withdraw the present petition with liberty to respond to the show cause notices. In the circumstances, the petitions are dismissed as withdrawn with liberty to the petitioners to file their response to the show cause notices within one week from today.
Needless to mention that the response ofthe petitioners would be considered by the respondent corporation and the respondent corporation shall proceed in accordance with law.
VIBHUBAKHRU, J MAY 25, 2015 pkv
JUDGMENT