Ajit Kaur And ORS v. Delhi Urban Shelter Improvement Board And ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13835/2024 & CM APPL. 57952/2024 AJIT KAUR AND ORS .....Petitioners Through:

Mr. Niraj Gupta, Advocate versus DELHI URBAN SHELTER IMPROVEMENT BOARD AND ANR .....Respondents Through:

Mr. Parvinder Chauhan, Advocate

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 01.10.2024 1.

The Petitioners are allottees/ occupants of dairy farms in Madanpur Khadar, New Delhi-110076. Their grievance arises from the proposed demolition action on 25th September, 2024 which was earlier scheduled for 23rd September, 2024.

2.

The Petitioners point out that this Court through order dated 20th September, 2024, had granted relief of stay of demolition till 3rd October, 2024 to similarly placed occupants of the said Colony allowing them to exercise their right of appeal and seek interim relief before the Court of Hon'ble Lieutenant Governor, Delhi. Thus, they request that similar protection be afforded to them. At the same time, they request that the order passed on 20th September, 2024 which directs that the proposed demolition sealing action should not proceed till 3rd October, 2024, should be modified and extended till the hearing of the interim application by the Court of 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 04/10/2024 at 11:38:44

Hon'ble Lieutenant Governor, Delhi.

3.

It is pointed out that some of the Petitioners have already filed appeals before the Court of Hon'ble Lieutenant Governor, Delhi under Section 45 of the Delhi Urban Shelter Improvement Board Act, 2010. The said appeals are now listed for hearing on 20th November, 2024 and, therefore, the Petitioners' application for interim relief would be considered not before the afore-noted date of listing. In such circumstances, it is prayed that the protection from demolition/sealing action should be extended till the time the Petitioners' interim application is considered by Court of Hon'ble Lieutenant Governor, Delhi.

4.

Having regard to the afore-noted circumstances, the order dated 20th September, 2024 in W.P.(C) 13265/2024 shall apply mutatis mutandis to the present case with the direction that the proposed demolition/sealing action shall not be carried out till the Petitioners' applications seeking interim relief in the aforesaid appeal, are considered by Court of Hon'ble Lieutenant Governor, Delhi.

5.

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

SANJEEV NARULA, J OCTOBER 1, 2024/ab 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 04/10/2024 at 11:38:44