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Judgment
CM APPL. 65613/2024 (W.P.(C) 15648/2024) & CM APPL. 65783/2024 (in W.P.(C) 15667/2024) for exemption
Exemption allowed, subject to all just exceptions
W.P.(C) 15648/2024 & W.P.(C) 15667/2024
Petitioners had received one communication dated 22.08.2024 from DDA directing them to visit their office on any public hearing day i.e. Monday or Thursday between 2.30 PM to 4.30 PM along with all the documents pertaining to the plots in question, failing which appropriate necessary action would be taken against them.
According to the petitioners, they did visit DDA after receiving the aforesaid communication along with the documents but eventually, some police officials claiming to be from PS Kirti Nagar visited their premises and told them that the constructions over their respective plots was going to be demolished on 11.11.2024 and this is how the present petitions have been filed seeking issuance of appropriate writ to the respondents directing them not to take any coercive steps without, at least, intimating them about the reason thereof.
Learned counsel for respondent no.1 appears on advance notice and states that petitioners are encroachers and that they never came to the office of DDA in terms of the aforesaid communication and, therefore, a decision has already been taken to demolish the property today itself.
Learned counsel for petitioners reiterates that they never received any communication apprising them about any such notice of demolition or the reason behind demolishing the constructions over the aforesaid plots.
Since the demolition has not yet taken place, the same is put in abeyance and both the writ petitions are disposed of with the direction to petitioners to appear before the Deputy Director (Land Disposal) on coming Monday i.e. 18.11.2024 between 2.30 PM & 4.30 PM along with all the documents and after hearing them, DDA shall be at liberty to take further appropriate action in accordance with law. Such decision be also communicated to the petitioners, so that, if so advised, they are in a position to take remedial steps as available under law.
It is, however, clarified that this Court has not made any observation either way and respondent shall be at liberty to take appropriate decision in accordance with law.
The present petitions are disposed of in the aforesaid terms.