Gulshan Homes (Home For The Blind) v. State (NCT Of Delhi) And ANR.

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8651/2018 GULSHAN HOMES (HOME FOR THE BLIND) ..... Petitioner Through:

Mr Vishal Singh and Mr Sandeep Lamba, Advocates.

versus STATE (NCT OF DELHI) AND ANR.

..... Respondent Through:

Ms Shobhna Takiar, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.08.2018 CM No. 33237/2018 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 8651/2018 and CM No. 33236/2018 3.

By an order dated 20.08.2018, a statement was made on behalf of the learned counsel appearing for the petitioner that he would undertake to vacate the property in question within a period of six months from today. He had requested that in the meanwhile, no further steps be taken to demolish the property in question.

4.

In view of the above statement, the respondents were directed not to demolish the residential accommodation of the petitioner till the next date of hearing and the matter was listed today.

5.

This Court was of the view that the request of the petitioner to be permitted to continue in occupation of the premises for a further period of

six months is not unreasonable as the petitioner would require sometime to arrange alternate accommodation.

6.

Ms Takiar, learned counsel appearing for the respondents states that respondents would have no objection if the petitioner continues to occupy the premises for a further period of six months provided he undertakes to vacate the said premises in terms of its statement made before this Court on 20.08.2018.

7.

In view of the above, the petition is disposed of by directing the respondents not to disturb the petitioner or the possession of the premises in question for a further period of six months from today. This is subject to the petitioner filing an undertaking affirming that the petitioner would vacate the said property (Plot/Khasra No. 456-457, Indira Enclave Road, Neb Sarai Village, Delhi) within a period of six months from today. The petitioner will also affirm that it is in exclusive possession of the said premises and will ensure that no other person is inducted in the premises. The said undertaking shall be filed by way of an affidavit, within a period of two weeks from today.

8.

It is stated that demolition of petitioner's premises is being undertaken as of now despite the orders passed by this Court. Ms Takiar shall take immediate steps to inform the concerned officer to stop the same. 9.

The petition is disposed of. The pending application is also disposed of.

VIBHU BAKHRU, J AUGUST 29, 2018 RK