ASHOK KUMAR & ORS.  Vs COMMISSIONER, EDMC & ANR.

W.P(C) 1075/2021 Page 1
$~15
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.01.2021

+ W.P.(C) 1075/2021
ASHOK KUMAR & ORS. ….. Petitioner s

versus

COMMISSIONER, EDMC & ANR. …..Respondent s

For the Pe titioner : Mr. Sachin Dutta, Senior Advocate with Mr. Lalit
Kumar Rawal & Mr. Pawan Sharma, Advocates. Advocates who appeared in this case:
For the Respondent: Mr. Rajan Tyagi & Mr. Umang Tyagi, Advocates
for EDMC/R -1.

CORAM: –
HON’BLE MR . JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
Exemption is allowed subject to all just exceptions. CM APPL. 2997 /2021 (Exemption )

1. Petitioner s impugn the order/ letter dated 06.01.2021, whereby
petitioners have been directed to remove the alleged illegal s tructure
from the land in question within one month from the receipt of the
notice. W.P.(C) 1075 /2021 & CM APPL.2998/2021
2. Order dated 06.01.2021 state s that the same is in compliance of
directions contained in order dated 26.08.2019 in WP(C) 2365/2016
2021:DHC:331
W.P(C) 1075/2021 Page 2
of the High Court.
3. Learned Senior Counse l appearing for the petitioners contends
that each of the petitioners has been in occupation of the respective
subject land for several decades. He further submits that by order
dated 26.08.2019 in WP(C) 2365/2016, the Division Bench of this Court had dir ected the respondents to remove the encroachment in
accordance with L aw, Rules, Regulations and Government Policy ,
after giving adequate opportunity of being heard to the owners/occupiers of the super -structure.
4. Learned Senior Counsel submits though a show -cause notice
was issued which was duly replied to , no hearing was afforded to any
of the petitioners.
5. Issue notice. Notice is accepted by learned counsel appearing
for the respondents. 6. Learned counsel appearing for the respondents , under
instructions , submits that the subject order s deal with the contentions
of the petitioners as stated in their replies, however he concedes that
no personal hearing was granted to the petitioners.
7. In view of the above, without commenting on the merits of the
order , since no personal hearing has been granted to the petitioners
which was mandated by order dated 26.08.2019 in WP(C) 2365/2016, the impugned order is set aside.
2021:DHC:331
W.P(C) 1075/2021 Page 3
8. The matter is remitted to the respondents for granting a hearing
to the P etitioners consequent to the show -cause notice issued to them
and thereafter to pass a fresh order .
9. It is expected that the proceedings shall be finalized by the
respondents expeditiously , preferably within a period of three weeks
from today.
10. All rights and contentions of the par ties are reserved.
11. Petition along with pending applications are disposed of in the
above terms .
12. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.

SANJEEV SACHDEVA, J .
JANUARY 29, 20 21
ak
2021:DHC:331