PAWAN KUMAR Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The instant Appeal is directed against the Order dtd. 29/7/2022 (hereinafter referred to as 'the Impugned Order'), passed by the learned Single Judge of this Court in W.P. (C) 10736/ 2022. Vide the Impugned Order, the learned Single Judge has dismissed the Writ Petition refusing to interfere with the Order dtd. 30/6/2022 passed by the Respondent No. 1 herein, thereby confirming the Order of the learned District Magistrate (West) dtd. 24/9/2018 whereby the learned District Magistrate (West) had directed the Appellants herein to vacate the house bearing No. T-688, Gali No. 21, near Hanuman Mandir, Baljit Nagar, New Delhi - 110008 (hereinafter referred to as the 'property in question').

(2.) The brief facts leading to this instant LPA are as under :

(3.) Mr. L. D. Joshi, learned Counsel for the Appellants, had laid great emphasis on the fact that the application of Respondent No.2 herein could not have been entertained for the reason that the property in question does not belong to him. He states that the property in question is neither self-acquired or ancestral property and the Respondent No.2 himself is an encroacher/trespasser on the property in question. He further contends that the Respondent No.2 is earning a substantial amount of money through rents and, therefore, he is not dependent on the Appellants herein for his survival. He further states that the Appellants herein have spent money in development of the property in question and, therefore, they could not have been asked to vacate the property in question and that too in a summary proceeding.