JAFAR SADDIQUE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners are occupants of portions of khasra No. 446/443 Jhilmil, Tahirpur, Delhi and have constructed chemist shop, medical store, barber shop, residence etc. Thus, the portions in possession of the petitioners are being used for different purposes.

(2.) The petitioners claim to be occupying the properties prior to 1980, though no proof of the same has been submitted along with the writ petition. The earliest proof of occupation is a notice issued under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'the PP Act') from 1st April, 1981 onwards. The petitioners were assessed to damages and paid the damages from time to time.

(3.) In the writ petition, the petitioners have contended that no order of demolition or removal can be passed without complying with the requirements of Sections 4 and 5 of the PP Act. Since the petitioners were apprehending such an action by the respondents, the writ petitions were filed seeking directions against the respondent not to dispossess the petitioners from their respective properties.