Disposed

Rohit Sakhuja & Anr. v. North Delhi Municipal Corporation

Delhi HC20 Aug 2024W.P.(C)/7417/2021

Case brief

AI extract

What is this about?

Writ petition against vacation order dated 23.07.2021 directing petitioners to vacate shops in the Municipal Market at Saraswati Marg, Gaffar Market, Karol Bagh. The Corporation relied on meetings with shopkeepers and license holders; petitioners alleged no hearing despite reliance on an IIT Roorkee report. As the same relief was already the subject matter of CS No.1570/2021 filed by the leaseholders' association of which the petitioner is a member, the Court held parallel proceedings for identical relief were not admissible and disposed of the petition, reserving all rights and contentions.

What the court decided

AI extract

Rohit Sakhuja & Anr. Vs North Delhi Municipal Corporation — Landlord and Tenant | Delhi HC (2024)

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7417/2021 & CM APPL 23351/2021

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ROHIT SAKHUJA & ANR. .....Petitioners

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Through: Mr. Ashish Batra, Adv.

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versus

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NORTH DELHI MUNICIPAL CORPORATION .....Respondent Through: Mr. Manu Chaturvedi, SC for MCD with Ms. Devika Singh Roy, Adv.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R

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% 20.08.2024

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The petitioners have filed the present writ petition for quashing of the vacation order dated 23.07.2021, wherein, the petitioners have been directed to vacate the premises in the Municipal Market at Saraswati Marg, Gaffar Market, Karol Bagh, New Delhi.

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The learned counsel for the petitioners submit that the order was passed based on the report by the IIT, Roorkee and the petitioners were not given any opportunity of hearing.

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The respondent-Corporation in its counter affidavit has stated that a joint meeting as well as several individual meetings were conducted with different sets of shopkeepers, lease holders and license holders of the shops, wherein, the demands/proposals of the petitioners could not be acceded to because it would have amounted to an overhaul of the license agreement signed by the respondent-Corporation with the shopkeepers.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:48:18

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At this stage, it would be appropriate to take note of the fact that the Association of leaseholders has already filed a civil suit i.e., CS No.1570/2021 before the Court of ASCJ (Central)/ Delhi, where the relief prayed in the instant petition is also the subject matter. The petitioner is a member of the said Association.

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It is thus seen that two parallel proceedings for the same relief may not be admissible in law.

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Reserving all rights and contentions in favour of the respective parties, the instant petition stands disposed of at this stage. Pending application is also disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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AUGUST 20, 2024/p

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:48:18

Rohit Sakhuja & Anr. v. North Delhi Municipal Corporation

Case brief

What is this about?

What the court decided

Rohit Sakhuja & Anr. v. North Delhi Municipal Corporation

Case brief

What is this about?

What the court decided

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