SH I P HANDA Vs. NDMC

JUDGEMENT

(1.) THE grievance of the petitioner is that pursuant to the cancellation notice dated 25th June, 2009, the respondent is contemplating dispossessing the petitioner without taking action in accordance with law.

(2.) ISSUE notice to the respondent as to why rule nisi be not issued. Mr. Singh accepts notice on behalf of NDMC. With the consent of the parties, the matter is taken up for final disposal.

(3.) LEARNED counsel for the respondent, on instructions, states that New delhi Municipal Council shall take action against the petitioner for dispossession in accordance with law by resorting to the procedure prescribed under the Public Premises (Eviction of Unauthorised Occupants) Act. Learned counsel also contends that the provisions of the said Act shall also be invoked for recovering any amount allegedly due from the petitioner. The said action shall be without prejudice to the rights and contentions of the petitioner. In view of the statement of the learned counsel for the respondent, the petition is disposed of with a direction to the respondent to take possession from the petitioner and recover any amount, if due from the petitioner in accordance with law. The petition is disposed of in terms hereof.