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67# I o/o O9.O4.2O1-O
Present: Mr. Ravi Gupta, Sr. Advocate with
Mr. Rajesh Yadav for the petitioner.
Mr. Ashutosh Lohia for the respondent.
CM. No. 476212O1O in W.P(C) No.2376/201O
*
Allowed subject to all just exceptions.
I
W.P(C) No. 2376/2O1O
By way of present petition filed under Article 226 of the Constitution of India the petitioner seeks directions to direct the respondent, its officials, employees and representatives etc. not to demolish the shop of the petitioners or any part thereof, bearing No. H-l-, PVR Plaza Building, PIot No. 10, H Block, Connaught Place, New Delhi.
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Mr. Ashutosh Lohia appears on advance notice. He submits that so far the encroachment on the public land is concerned, the petitioners are not entitled for any show cause notice, however, for any unauthorized construction in the said shop of the petitioners, the respondent shall certainlv take recourse to law before taking any action of demolition. v
2010:DHC:10674 r{
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Mr. Ravi Gupta, Iearned Senior Advocate appearing for the petitioners on the other hand submits that the neither the petitioners have carried out any unauthorized construction in their property nor have encroached upon any area on the public land in front of shop. Counsel for the petitioners has also placed reliance on Section 22L of the NDMC Act 1994 to support hi:* argument that even if there is any encroachment on the public
,tr"$- still the occupier of the premises is entitled to show cause notice.
Without expressing any view on the contentions raised by the counsel for the parties, let the respondent take actions as permissible under law after giving due opportunity of hearing to the petitioners before carrying out the action of demolition against any unauthorized construction in the properby of D.le petitioners and also if any, unauthorized encroachment exists around the said shop.
With these directions the petition stands disposed of.
DASTI under the signature of Court Master.
April 09, 20L0 mg t
I
GAMBHT& J.
2010:DHC:10674
,?
\.
67# I o/o O9.O4.2O1-O
Present: Mr. Ravi Gupta, Sr. Advocate with
Mr. Rajesh Yadav for the petitioner.
Mr. Ashutosh Lohia for the respondent.
CM. No. 476212O1O in W.P(C) No.2376/201O
*
Allowed subject to all just exceptions.
I
W.P(C) No. 2376/2O1O
By way of present petition filed under Article 226 of the Constitution of India the petitioner seeks directions to direct the respondent, its officials, employees and representatives etc. not to demolish the shop of the petitioners or any part thereof, bearing No. H-l-, PVR Plaza Building, PIot No. 10, H Block, Connaught Place, New Delhi.
\'e
Mr. Ashutosh Lohia appears on advance notice. He submits that so far the encroachment on the public land is concerned, the petitioners are not entitled for any show cause notice, however, for any unauthorized construction in the said shop of the petitioners, the respondent shall certainlv take recourse to law before taking any action of demolition. v
2010:DHC:10674 r{
\
Mr. Ravi Gupta, Iearned Senior Advocate appearing for the petitioners on the other hand submits that the neither the petitioners have carried out any unauthorized construction in their property nor have encroached upon any area on the public land in front of shop. Counsel for the petitioners has also placed reliance on Section 22L of the NDMC Act 1994 to support hi:* argument that even if there is any encroachment on the public
,tr"$- still the occupier of the premises is entitled to show cause notice.
Without expressing any view on the contentions raised by the counsel for the parties, let the respondent take actions as permissible under law after giving due opportunity of hearing to the petitioners before carrying out the action of demolition against any unauthorized construction in the properby of D.le petitioners and also if any, unauthorized encroachment exists around the said shop.
With these directions the petition stands disposed of.
DASTI under the signature of Court Master.
April 09, 20L0 mg t
I
GAMBHT& J.
2010:DHC:10674
JUDGMENT