Chander Pal And ORS. v. Union Of India And ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11223/2024 & CM APPL. 46449/2024 CHANDER PAL AND ORS.

.....Petitioners Through:

Mr. Karan Sharma and Mr. Mohit Siwach, Advocates.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. Kirtiman Singh, CGSC with Mr.

Waize Ali Noor, Mr.

Maulik Khurana, Mr. Varun Pratap Singh, Mr. Ranjeev Khatana, Advocates for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 03.09.2024 1.

The present writ petition has been filed by 34 residents of the Khyber Pass area, Civil Lines, New Delhi. Mr. Karan Sharma, counsel for the Petitioners states that they unconditionally withdraw their challenge to the proposed action of eviction/ demolition of structures in the Khyber Pass area, and only seek parity with the order dated 31st July, 2024 passed in W.P.(C) 10472/2024 whereby this Court, on humanitarian grounds granted other residents of the subject area to time to vacate the area by 30th September, 2024. Accordingly, the Petitioners herein also seek adequate time to vacate their hutments/ quarters.

2.

It is pertinent to note that the abovementioned timeline set out in order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 12:22:41

dated 31st July, 2024, with which the Petitioners herein seek parity, has been reduced to 15th September, 2024 by way of a separate order passed in W.P.(C) 10472/2024 today. The Petitioners state that they are agreeable to the said timelines.

3.

Accordingly, the present writ petition is disposed of with the following directions:

(a) The Petitioners shall file affidavits within a period of three days from today confirming that they shall vacate their hutments/ quarters on or before 15th September, 2024. The said affidavits shall also specify that the Petitioners herein have unconditionally withdrawn all challenges to the impugned eviction/ demolition action initiated by the Land and Development Office, Ministry of Housing and Urban Affairs. (c) In the event that the Petitioners do not vacate their hutments/ quarters within the timelines specified above, Respondents shall be entitled to take appropriate steps for demolition/ eviction in accordance with law, without any further reference to the Court.

(d) Mr. Sharma undertakes to explain to all Petitioners herein that any violation of the undertaking given to the Court would entail action under the Contempt of Courts Act, 1971.

4.

With the above directions, the present writ petition is disposed of, along with pending application(s).

SANJEEV NARULA, J SEPTEMBER 3, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 12:22:41