Full Text
% 09.08.2018
Present: Counselfor the petitioner tsl
MrBiswajitKumarPatrafor MrSandeep Khatri,Advocate.
Counselfor the respondent(s)
Mr Rajiv Bansal, Senior Advocate with Mi- Arjun Pant, Ms
Kamna Singh and MsAprajita Gupta,AdvocatesfortheDDA.
Mr Ajay Verma,Advocate for the DDA.
Mr Dhanesh Relan, Standing Counsel with Ms Komal Soroul and Ms Kajri Gupta,Advocate for the DDA.
+ W.P.(C) 8741/2016 with CM No.35847/2016. 37214/2017.
WP(C) 8755/2016 with CM No.35884/2016, 37192/20T7, WPtCl
8765/2016with CM No.35901/2016.42665/2017. WPfQ 8766/2016 with CM No.35903/2016. WPfCl with CM No.8841/2016 with CM
No.36117/2016, 37196/2017, WPrC18846/2016 with CM
No.36122/2016, 37175/2017, WPtCl 8912/2016with CM
No.36250/2016, WPtC) with CM No.9573/2016 with CM
No.38381/2016, WPfCl 45/2017 with CM No.280/2017, WPtCl
707/2017with CM No.3258/2017. 42664/2017. WPfCl 6696/2017.
WP(C) 6703/2017, WPtCl 6748/2017 with CM No.28080/2017.
46768/2017, WP(C) 6795/2017with CM No.28329/2017, 46770/2017, WPtC^ 7172/2017. WPtC) 9538/2017 with CM
No.38763/2017, 38764/2017. 46948/2017. WPtCl 9621/2017 with
CM No.39168/2017 . 46771/2017. WPfO 9625/2017 with CM
No.39198/2017, 46769/2017, 31962/2018, WPtC) 9722/2017 with
CM No.39560/2017, 46969/2017, WPtC198S9/2017. WPtC^
9893/2017 with CM No.40308/2017,46945/2017,WPtCl 9901/2017 with CM No.40346/2017, 46938/2017, 31964/2018, WPtCl
9904/2017 with CM No.40351/2017, 46946/2017. WPtC^
10013/2017 with CM No.40868/2017. 46947/2017.
'^P(C)10172/2017. 10190/2017 with. CM No.41615/2017.
46944/2017, WPfC) 10216/2017 with CM No.41691/2017
46942/2017, 31965/2018. WPtCl 10220/2017 with CM
No.41701/2017, 46943/2017, 31967/2018, WPtCl 1022^2017
2018:DHC:9113
1. n
The counsel forthe petitioner/s states:
(i) these petitions, save W.Ps (C) No.8846/2016, 6703/2017, 7172/2017, 9625/2017, 9901/2017, 9904/2017, 110013/2017 &
10216/2017 under Articles 226 & 227 ofthe Constitution ofIndia were preferred impugning the orders ofthe District Judge,acting as theAppellate OfficerunderSection9ofthePublicPremises(Eviction of Unauthorized Occupants) Act, 1971, of dismissal of appeals preferred by each ofthe petitioner/s against the order ofthe Estate
Officei of the. respondent Delhi Development Authority (DDA) againsteach ofthe petitioner/s,ofeviction ofeach ofthe petitioner/s;
W.Ps (C) No.8846/2016, 6703/2017, 7172/2017, 9625/2017, 9901/2017, 9904/2017, 110013/2017 & 10216/2017 have been preferred directly against order ofthe Estate Officer,without availing the appellate remedy but were entertained forthereason ofparity;
(ii) against the orders ofdismissal ofpetitions ofothers identically placed as the petitioners in these petitions, appeals were preferred to the Division Bench of this Court which were also dismissed and thereafter Special Leave Petitions (SLPs) were preferred to the
Supreme Court;
(iii) the Supreme Court has dismissed the SLPs vide order dated
20.03.2018 in SLP(C)no.5253/2018 titled Shiv Shankar & Ors. Vs.
Delhi Development Authority & Anr. but has, subject to the petitioners therein filing an affidavit of undertaking to, on or before
Decembei,2019,vacate and hand over peaceful vacant possession of orders ofeviction have been passed,granted time to those petitioners to vacate the premises by then;
(iv) these petitioners do not want to pursue these petitions and withdraw these petitions and will remain bound bythe eviction orders subject matter of each of the petitions, but seek time to vacate as granted by the Supreme Court;
(v) that each of the petitioner/s are willing to file affidavits of undertakings in this regard, undertaking to, on or before 3P'
December, 2019 vacate and hand over vacant peaceful physical possession of the entire premises in their possession/occupation and/or with respect to which eviction order has been passed, to the respondent DDA and not to deal with the said premises in any other manner whatsoever and not to alienate, encumber or part with possession thereofto anyone else;
(vi) thatthis Bench also,vide order dated 24"^ July,2018 in W.P.(C)
4428/2013,4429/2013 &.4433/2013,has granted such time; and, (vii) that these petitions be disposed of with identical orders as passed in W.P.(C)No.7765/2016 and other connected petitions taken up for hearing immediately prior to these petitions. .
JUDGMENT
2. The senior counsel for the respondent DDA states that his contentions also remain the same as made and recorded in the order passed in W.P,(C) No.7765/2016 and other connected petitions,i.e.:
(i) that the grant ofthe time by the Supreme Court was only to the petitioners who had approached the Supreme Court; f' DDA is getting deiayed and is suffering and which project itselfis timeboundintermsofdirectionoftheNationalGreenTribunal;
(iii) it will have to be verified whether each ofthe petitioner/s is similarly situated as the petitioners before the Supreme Court, to whom the Supreme Courtgrantedtime;and,
(iv) the petitioners before the Supreme Courtwere members either of Delhi Peasants Co-operative Multl-Purpose Society or Jheei KhuranjaMilkProducersCo-operativeSociety.
3. Thecounselforthepetitioner/sstatesthatheisnotaware,whetherthe petitionei/s in these petitions were members ofeither ofthe two societies aforesaid.
4. Else, the senior counsel for the respondent DDA is unable to state with respect to the premises in occupation ofthese petitioners also, that whethergrantoftimetothese petitioners would causeany additional delay than the delay which has already been caused to the project of the respondentDDA owingtotimetillDecember.2019having beengranted by the Supreme Court.
5. The counsel for the petitioner/s however states that on such ofthe petitioner/s who is/are found to be member/s ofeither ofthe two societies being grantedtime bythis Court,thesaid petitioner/s will alsoremain bound bythe order,ifanypassed bythe Supreme courtonthe applicationfiled by the respondentDDA forsooner vacation ofthe premises bythe petitioner/s whohad beengranted timetillDecember,2019bytheSupreme Court.
6. The counsel for the petitioner/s is also agreeable that such of the give particulars ofmembership ofeither ofthetwo societiesaforesaid be evicted immediately. ' n petition? 'hese 8- Thepetitionsare dismissed as withdrawn. (^' four weeks oftoday,filing "T'^' " •"' "«..~.«.»» J un eita mgto thisCourtto,tillDecember.2019handovervacantpeaceful physical possession of premises in their respective possession to tire respondentDDA andtonotdeal withthesaid premisesinanyothermanner whatsoeverand notto alienate,encumberor,partwith possessionthereofto anyone else,the orders ofeviction fiom which these petitions arise be not executed till December,2019. On such affidavits beingfiled,the undertaking containedthereinshall ^ stand accepted andthe petitioners will be bound therewith. Ifanyofthepetitioner/s doesnotfile affidavitorthe affidavitisnotin terms of above, the respondent DDA shall be entitled to immediately enforcethe orderofeviction againstsuch petitioner/s.
10. The petitions are disposed of. AUGUST09,2018 / SAHAIENDLAW,J sn/bs..