High Court of DelhiW.P.(C)/6840/2016

Indian Oil Corporation Limited v. Govt. Of NCT Of Delhi & ORS

2016-08-05Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6840/2016 INDIAN OIL CORPORATION LIMITED ..... Petitioner Through Mr.Rajat Navet, Advocate.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Ms.Meenakshi Midha, Advocate.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 05.08.2016 C.M. No.28203/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 6840/2016 & C.M. No.28202/2016 Petitioner is apprehensive that his property i.e. the Petrol Pump of the Indian Oil Corporation might be demolished in view of the orders dated 14.6.2013 passed by the SDM. The SDM has passed this order on 14.6.2013 pursuant to certain directions passed in WP(C) No.1770/2013 titled Mohan Lal Gupta Vs. Govt. of NCT of Delhi & Ors.

Contention of the petitioner before this Court is that he is admittedly a lessee of one Ravinder Singh. Ravinder Singh has not been heard in the writ petition. The fact no notice has been issued to Ravinder Singh in the writ petition is an admitted position. The submission of the learned counsel appearing for the respondent is that Ravinder Singh had been informed of the proceedings before the SDM to which attention has been drawn to that part of the order of the SDM wherein it has been stated that Ravinder Singh had appeared on

02.5.2011 and again on 10.5.2011 but thereafter he stopped appearing. Admittedly, after the disposal of the writ petition this was on 18.3.2013 Ravinder Singh has not been informed of the proceedings before the SDM. The petitioner before this Court is a lessee of Ravinder Singh and does not claim any better right then Ravinder Singh but his submission being that he being a public sector undertaking he has imminent apprehension of getting demolished without affording him a hearing.

In this background, permission is granted to the petitioner to move appropriate application before the competent body i.e. the Deputy Commissioner (Appellate Body of the SDM). This application may be moved by the petitioner himself or through Ravinder Singh in order and the same shall be then decided in accordance with law.

No coercive steps shall be taken till one week thereafter. Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J AUGUST 05, 2016 ndn