Disposed

Mrs. Priyanka Arora and Another v. Delhi Development Authority

Delhi HC2 Jul 2024W.P.(C)/8895/2024

Case brief

AI extract

What is this about?

Petitioners challenged a DDA show cause notice concerning their premises in an unauthorised colony for which an authorisation slip had been issued under the PM-UDAY scheme. The Court, without examining merits, treated the writ petition as a representation to be considered by the competent authority after personal hearing.

What did the court decide?

Writ petition treated as representation; competent authority to hear petitioners on 05.07.2024 and decide within 15 days; adverse orders not executable for 10 days.

Mrs. Priyanka Arora and Another Vs Delhi Development… — Property and Title | Delhi HC (2024)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 8895/2024 & CM APPL. 36182/2024 – STAY

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MRS. PRIYANKA ARORA AND ANR ..... Petitioners Through: Mr. Ravi Gupta, Sr. Adv. along with Mr. Ankit Jain, Ms. Seemab Ali Fatima & Mr. Aditya Chauhan, Advs.

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versus

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DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Ms. Shobhana Takiar, SC for DDA.

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CORAM:

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HON'BLE MR. JUSTICE DHARMESH SHARMA

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O R D E R % 02.07.2024

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CM APPL. 36183/2024 – EXMP .

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 8895/2024 & CM APPL. 36182/2024

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The petitioners are invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking issuance of an appropriate writ for setting aside of the SCN¹ dated 10.06.2024 bearing No. F1(MISC)/PM-UDAY/PC-103-HAUZ KHAS/DDA/570, issued by the respondent.

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Learned counsel for the respondent/DDA² is present on advance notice.

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Learned counsel for the petitioners has urged that the premises

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1 Show Cause Notice

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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 23/07/2024 at 14:22:20

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in question falls under private land in an unauthorized colony and the respondent, after having satisfied itself with all the aspects of the case, had executed an authorisation slip dated 28.07.2021 in their favour. It is submitted that the impugned SCN dated 10.06.2024 is without any jurisdiction and a complete abuse of process of law inasmuch as the land in question is not excluded in terms of Section 7 (a) of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations. 2019. It is, therefore, urged that no proceedings can be initiated by the respondent.

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Learned counsel for the petitioners has relied on a decision of the Supreme Court in the case of Union of India v. Vicco Laboratories³ .

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Per contra, learned counsel for the respondent has urged that the property in question is required for widening of Aruna Asaf Ali Road and the petitioners are prematurely assailing the SCN and that they should exhaust their remedies before the competent authority.

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Having heard the learned counsel for the parties, without delving into the merits of the case, it would be appropriate that the present Writ Petition may be treated as a representation by the petitioners and the same may be considered by the competent authority pursuant to notice dated 10.06.2024 in accordance with law.

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As notified earlier, the petitioners shall appear for a personal hearing on 05.07.2024 before the competent authority and an appropriate decision thereafter shall be taken within 15 days, in accordance with law, which be duly communicated to the petitioners.

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2 Delhi Development Authority

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3 (2007) 13 SCC 270

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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 23/07/2024 at 14:22:20

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In case any adverse orders are passed, the same shall not be executed for a period of 10 days from the date of decision intimated to the petitioners.

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The present Writ Petition is disposed of without prejudice. The pending application also stands disposed of.

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DHARMESH SHARMA, J.

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JULY 2, 2024/ sm

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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 23/07/2024 at 14:22:20

Mrs. Priyanka Arora and Another v. Delhi Development Authority

Case brief

What is this about?

What did the court decide?

Mrs. Priyanka Arora and Another v. Delhi Development Authority

Case brief

What is this about?

What did the court decide?

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