High CourtsSingle Bench(2021) 03 DEL CK 0163

Community Welfare Banquet & Ors vs Government Of National Capital Territory Of Delhi & Ors

Delhi High Court · Decided on 17 March 2021

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3666, 3676 Of 2020, Civil Miscellaneous Application No. 13092, 13163-65 Of 2020

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Judgment

11 paragraphs · 364 words

Sanjeev Sachdeva, J

1.

These petitions inter alia seek quashing of orders dated 12. 6.2020 whereby banquet halls were requisitioned for con verting them into makeshift COVID-19 designated hospitals/zones.

2.

Learned counsel for the petitioner submits that after filing of the petition, all the banquet halls have been re-requisitioned an d h anded back on 21.8.2020.

3.

Learned counsel submits that t hough t he ban quet h alls h ave been handed back, the question as to the legality of the su bject order or the right of the respondent to pass such an order still survives.

4.

He further submits that in terms of Section 66 of t h e Disast er Management Act, 2005 (hereinafter referred to as the Act), the concerned officer, who requisitioned the property was also required to determine the compensation to be paid for such purpose.

5.

Learned counsel submits that it was obligatory on the said officer to pass the order of payment compensation in terms of Sect ion 66 without the requirement of an application.

6.

Learned counsel for the respondents submits that sin ce on e of the factors for determination of compensation, under Section 66 of the Act, is the rent payable in respect of the said prem ises, it wou ld be necessary for the banquet owner to give requisite details.

7.

In view of the above, the petitions are disposed of, perm itting the banquet owners whose banquet halls h ad been requ isitioned t o make an application under Section 66 of the Act to the concerned officer providing the requisite details as stipulated in the said Sect ion for the purposes of determination of compensation, if any.

8.

On receipt of the application, the concerned officer shall dispose of the same expeditiously, preferably within a period of six weeks of the receipt of the application.

9.

Since the banquet halls have already been de-requisitioned an d possession handed back to the owners, t he qu estion with regard t o validity of the order and the competence of the officer is left open.

10.

The petitioners are accordingly disposed of. All rights and contentions of the parties are reserved.