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%09.04.2010 /
Present: Mr. A.P. Pandey for the petitioner.
Mr. Ashutosh Lohia for the respondent.
CM. No. 4738/2010 in W.P(C) No. 2364/2010
*
Allowed subject to all just exceptions.
W.P(C) No. 2364/2010
^ ^ By way of present petition filed under Article 226 of the Constitution of India the petitioner seeks directions to direct the respondent not to demolish the shop of the petitioner forming part of Plaza Cinema Building, H-Block, Connaught Place, New Delhi.
Mr. Ashutosh Lohia appears on advance notice. He submits that so far the encroachment on the pubhc land is concerned, the petitioner is not entitled for any show cause r- notice, however, if there is any unauthorized construction in the said shop of the petitioner the respondent shall certainly take resource to law before taking any action of demolition.
Counsel for the petitioner on the other hand submits that the neither the petitioner has carried out any
2010:DHC:11238 unauthorized oQnstruction in his property nor has encroached upon the pubhc land in front of shop. Counsel for the petitioner has also placed reliance on Section 221 of the NDMC Act 1994 to support his argument that even if there is any encroachment on the pubhc street 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 v- actions as permissible under law after giving due opportunity of hearing to the petitioner before carrying out the action of demolition against any unauthorized construction in the property of the petitioner 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. r •
April 09, 2010 KAILASH GAMBHIR, J. mg
2010:DHC:11238
%09.04.2010 /
Present: Mr. A.P. Pandey for the petitioner.
Mr. Ashutosh Lohia for the respondent.
CM. No. 4738/2010 in W.P(C) No. 2364/2010
*
Allowed subject to all just exceptions.
W.P(C) No. 2364/2010
^ ^ By way of present petition filed under Article 226 of the Constitution of India the petitioner seeks directions to direct the respondent not to demolish the shop of the petitioner forming part of Plaza Cinema Building, H-Block, Connaught Place, New Delhi.
Mr. Ashutosh Lohia appears on advance notice. He submits that so far the encroachment on the pubhc land is concerned, the petitioner is not entitled for any show cause r- notice, however, if there is any unauthorized construction in the said shop of the petitioner the respondent shall certainly take resource to law before taking any action of demolition.
Counsel for the petitioner on the other hand submits that the neither the petitioner has carried out any
2010:DHC:11238 unauthorized oQnstruction in his property nor has encroached upon the pubhc land in front of shop. Counsel for the petitioner has also placed reliance on Section 221 of the NDMC Act 1994 to support his argument that even if there is any encroachment on the pubhc street 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 v- actions as permissible under law after giving due opportunity of hearing to the petitioner before carrying out the action of demolition against any unauthorized construction in the property of the petitioner 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. r •
April 09, 2010 KAILASH GAMBHIR, J. mg
2010:DHC:11238
JUDGMENT