Allowed

Bala Devi v. the Delhi Development Authority and Ors.

Delhi HC20 Dec 2019W.P.(C)/286/2019

Case brief

AI extract

What is this about?

The High Court Court allowed an application to cancel the next hearing date and granted the petitioners time to vacate premises until December 31, 2019, subject to filing an affidavit of undertaking, acknowledging the delay in filing and prior High Court rulings.

What did the court decide?

Allowed the application and granted time to vacate premises until 31.12.2019, subject to filing an affidavit of undertaking within 4 days.

Bala Devi Vs the Delhi Development Authority and Ors. — Land Acquisition | Delhi HC (2019)

¶1

$~45

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Judgment delivered on: 20.12.2019

¶4

- W.P.(C) 286/2019 BALA DEVI ..... Petitioner

¶5

versus

¶6

THE DELHI DEVELOPMENT AUTHORITY AND ORS.

¶7

..... Respondents

¶8

Advocates who appeared in this case: For the Petitioner: Mr. R.P.S. Bhatti, Advocate. For the Respondents: Mr. Rajiv Bansal, Sr. Advocate with Mr. Dhanesh Relan, Ms. Gauri Chaturvedi, Ms. Komal Sorout, Ms. Parul Panthi and Mr. Anant Nigam, Advocates for DDA

¶9

CORAM:-

¶10

HON’BLE MR JUSTICE SANJEEV SACHDEVA

¶11

JUDGMENT

¶12

SANJEEV SACHDEVA, J. (ORAL)

¶13

CM APPL.54363/2019 (for vacation of stay dated 15.01.2019)

¶14

Mr. R.P.S. Bhatti, Advocate enters appearance for the petitioner.

¶15

For the reasons stated in the application, the application is allowed.

¶16

Petition is taken up for hearing today.

¶17

The next date of 02.03.2020 is cancelled.

W.P.(C) 286/2019

Page 1 of 3

W.P.(C) 286/2019

Petitioners impugn order dated 04.04.2014. Petition impugning the said order was filed in November, 2018 after a period of over four years.

¶22

Learned senior counsel appearing for DDA submits that identical orders were challenged by other petitioners unsuccessfully before this Court and thereafter LPAs were filed impugning the order of the Single Bench unsuccessfully. The LPAs were dismissed by judgment dated 31.01.2018 in LPA 497/2013 titled Sunil Kumar & Anr. vs. Delhi Development Authority and other connected petitions .

¶23

Learned senior counsel for the respondent further points out that thereafter the matter was taken up to the Supreme Court and in SLP(Civil) Diary No.5253/2018 titled Shiv Shanker & Ors. vs. DDA , all the special leave petitions were dismissed by order dated 20.03.2018. However, all petitioners therein were granted time till December 2019 to vacate the premises.

¶24

Learned senior counsel for the respondent submits that thereafter several other identically situated persons approached this Court and, in all cases, time was only granted till 31.12.2019 to vacate the premises.

¶25

Learned senior counsel for the respondent points out that on the one hand, the petitioners have filed these petitions after a delay of

¶26

W.P.(C) 286/2019

¶27

Page 2 of 3

¶28

four years and on the other hand, they concealed the orders of the Division Bench and also the order of the Supreme Court from this Court and all of them were aware that the time had been granted only till December, 2019.

¶29

Learned senior counsel for the respondent submits that in case any further time is granted to the petitioners, it would be granting premium to someone who have not been diligent in prosecuting the matter and have been a fence sitter.

¶30

Learned counsel for the petitioner undertakes that petitioners shall also vacate the premises on or before 31.12.2019.

¶31

Subject to petitioners filing affidavit of undertaking within a period of 4 days, petitioners shall not be evicted till 31.12.2019.

¶32

Petitions are, accordingly, disposed of in the above terms.

¶33

Order Dasti under signatures of the Court Master.

¶34

SANJEEV SACHDEVA, J

¶35

DECEMBER 20, 2019 st

¶36

W.P.(C) 286/2019

¶37

Page 3 of 3

Bala Devi v. the Delhi Development Authority and Ors.

Case brief

What is this about?

What did the court decide?

Bala Devi v. the Delhi Development Authority and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Dr. Dinesh Kumar Paliwal Vs Union of India & Ors.

M/S Harjog Overseas and Ors. Vs Punjab and Sind Bank

Shree Jee Roadlines & Ors. Vs Indian Oil Corporation Ltd. & Ors.

M/S. Tsys Card Tech Services Limited Vs Deputy Commissioner of Income Tax

D.C.Mishra Vs Union of India and Anr.

Corruption Against Society Vs Lt. Governer of Delhi and Ors.

Indian Oil Corporation Limited Vs Union of India and Ors.

Indian Oil Corporation Limited Vs Union of India and Ors.

Fsn E-Commerce Ventures Pvt. Ltd. Vs Loreal S.A & Anr.

Raj Kumar Gupta Vs Ramesh Chander Sharma & Ors.

Jag Mohan Sharma Vs Gurcharan Kaur & Anr.

Mangal Singh Vs the Delhi Development Authority and Ors.

Kunal Rana & Anr. Vs Naveen Kumar Jain & Anr.