Surinderpal Singh v. North Delhi Municipal Corporation

I I \ $-34,35,36,41 & 42

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 8567/2018 ATUL KHANNA * + Petitioner • versus NORTH DELHI MLINICIPAL CORPORATION Respondent + W.P.(C) 8584/2018 SURINDERPAL SINGH versus NORTH DELHI MUNICIPAL CORPORATION Petitioner Respondent + W.P.(C) 8591/2018 ASHOK KUMAR Petitioner versus NORTH DELHI MUNICIPAL CORPORATION ....Respondent + W.P.(C) 8601/2018 RAMESH KUMAR ....Petitioner versus NORTH DELHI MUNICIPAL CORPORATION ....Respondent + W.P.(C) 8602/2018 RAMAN AGGARWAL versus NORTH DELHI MUNICIPAL CORPORATION ....Petitioner Respondent

Present:

Mr.A.K.Singla, Sr.Advocate with Mr.Sheetesh Khanna and Mr.Sushil Jaswal, Advocates for the petitioners in all the matters. Ms.Jyoti Taneja, standing counsel for North DMC in items no 34 35&4L ■ '

Ms.Namrata Mukim, Adv. for North DMC in items no.36 & 42. Mr.Tushar Sannu and Mr.Ankit Jain, Advocates for North DMC in item no.36.

^ Mr.Aniket Kumar, RC, City SP Zone, North DMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE ANU MALHOTRA

ORDER

17.08.2018 % By:AMULYA

'? '

CM,32909/2018 in W.P.rO SS67/?m« CM.32936/2018 in W.P.rC^ 8.S84/?ni« CM.32965/2018 in W.P.rO 8SQ1/?m« CM.33041/2018 in W.V.(C) 8601/2018 C.M.33043/2018 in W.P.fQ 86n2/2nis (exemption) Exemptions allowed, subject to all just exceptions. Applications stand disposed of.

W.P.(Q 8567/2018 & C.M.329n8/?ni« W.P.(C) 8584/2018 & C.M.3293S/2nis W.P.(C) 8591/2018 & C.M.32964/7ni« W.P.(C) 8601/2018 & C.M.33n4n/70i« W.P.(C) 8602/2018 & C.M.33n42/7ni« These writ petitions have been filed by the petitioners of the Constitution of India. The present petitioners under Article 226 are Tehbazari holders. The details of the Tehbazari sites allotted to the petitioners are as under: SI.

W.P.(C) Name of the petitioners Site No.

Shop Address No.

No.

No.

1.

8567/2018 Atul Khanna 15941 5A Bhagirath Palace, Chandni Chowk, Delhi - 6 2.

8584/2018 Surinder Pal Singh 15948 6A 3.

8591/2018 Ashok Kumar 15933 4.

8601/2018 Ramesh Kumar 15939 5.

8602/2018 Raman Aggarwal 15945 All the petitioners were issued show cause notices dated 12.06.2018 pointing out various violations of the terms and conditions of the Tehbazari. Replies to the show cause notices were filed. Thereafter, an order dated , 01.08.2018 has been passed by the respondent informing the petitioners the violations of the terms and conditions, which still continue despite the show cause notices issued to them. The petitioners were granted 5 days' time to

remove the violations and submit an undertaking that in future the terms and conditions of the Tehbazari would not be violated. Photographs of both before and after removal of the violation also to be provided, failing which, the Tehbazari sites would be sealed or cancelled without giving any further were opportunity. The counsel for the petitioners, on instructions, submits that the petitioners would comply with the terms contained in the show cause notice dated 12.06.2018 and the order dated 01.08.2018. However, the petitioners p ray that 15 days' time may be granted to them to comply with the order dated 01.08.2018.

Counsels for the respondents, who enter appearance on an advance copy, submit that they have no objection, if 15 days' time is granted, provided the order dated 01.08.2018 is complied with.

We have heard learned counsel for the parties. Taking into consideration the submissions made and the stand taken before us, 15 days' time, as prayed, is granted to the petitioners to comply with the order dated 01.08.2018. The petitioners shall be bound by the undertaking given by their counsel in Court today. Needless to say, if the order is not complied with within 15 days' from today, the respondents would be entitled to take action as per the order dated 01.08.2018.

All the writ petitions stand disposed of G.S.SISTANI, J ANU MALHOTRA, J AUGUST 17, 2018 rb