GENERAL SECRETARY, R.W.A. CHURCH COLONY v. S.D.M. MEHRAULI

1. Allowed, subject to all just exceptions. CM No.13740/2018

2. Via this application the petitioner seeks permission to prosecute the accompanying petition both on behalf of the petitioners named in the memo ofparties and also 82 persons whose names have been included in Annexure P-13.

3. Dr. Verghese, who appears for the petitioners, submits that all 82 persons have also appended their signatures on the Vakalatnama, which has been filed alongwith the petition. 3.[1] The said statement is taken on record.

4. Mr. Ghose, who appears for the respondents, says that he has no objection ifthe prayer made in the captioned application is allowed. W.P. (C) No.3489/2018 Pg. 1 of[3] 2018:DHC:8890 7^

5. Accordingly, leave as sought in the application is granted. 5.[1] The captioned application is disposed ofin the aforementioned terms. W.P.rO No.3489/2018 & CM No.13738/2018

6. Issue notice to the respondents. 6.[1] Mr. Ghose, who appears for the respondents, as indicated above, accepts notice. Mr. Ghose says that he has obtained instructions from the respondents and therefore will not befiling a counter affidavit inthe matter.

7. The petitioners are, presently, aggrieved by the issuance of notice dated 3.4.2018 whereby 82 persons qua whom reference is made in Annexure P-13, have been directed to remove themselves from the subject land within seven (7) days from the date of issuance of the said notice. To be noted, the petitioners and the 82 persons, who have their hutments located on the subject land, have assailed the impugned notice dated 3.4.2018, on severalgrounds which are advertedto in the writ petition.

8. Mr. Ghose says he has taken instructions to the effect that the objections raised qua the impugned notice can be heard by the concerned authority and that in order to give effect to this,stand of GNCTD the impugned notice can be treated by this Court as a show cause notice. 8.[1] Furthermore, Mr. Ghose says that the writ petition and the documents ^ appended thereto canbe treated as a reply to the showcause notice.

9. Accordingly, writ petition is disposed of with a direction to the SDM, (Mehrauli), to treat the impugned notice dated 3.4.2018 as a show cause notice and the writ petition filed and the documents appended thereto, as a reply to the show cause notice. 9.[1] The SDM(Mehrauli) will hear the affected parties, that is, the 82 persons qua whom reference is made above and/or their authorised

(C) No.3489/2018 Pg. 2 of[3] representative. For this purpose, writ petitioners and the 82 persons referred to above will appear either on their own or via their authorised representative before SDM (Mehrauli) on 23.4.2018 at 11 a.m. In case the aforementioned date is not convenient to the SDM (Mehrauli), she will fix another date which will be proximate to the date fixed bythe Court.

10. Upon hearing being concluded, aspeaking order will be passed by the SDM (Mehrauli). A copy thereof will be furnished to the writ petitioners and those among the 82 persons who seek a separate copy ofthe order.

10.1. Pending hearing in the matter, the SDM (Mehrauh) shall take no ^ coercive measures against the 82 persons whose names stand included in Annexure P 13. It is made clear that in case the decision rendered in the matter by the SDM (Mehrauli) is against the interest ofthe writ petitioners and the said 82 persons, no effect will be given to the order for a period of two weeks to enable the affected parties to take recourse to an appropriate legal remedy.

10.2. Dr. Verghese assures this Court that neither the writ petitioners nor the 82 persons whose names appear in Annexure. P-13 will impede the progress ofthe matter before the SDM (Mehrauli).

10.3. In case any such dilatory tactics are adopted by the writ petitioners or > any one of the 82 persons referred to above, the respondents will have libertyto approach this Courtvia appropriate means.

10. Dasti.