DELHI HIGH COURT: ORDERED STATUS QUO ON DUSIB’S DEMOLITION ACTION AGAINST SHOPS IN KHANPUR MARKET

The Delhi High Court in the case Khanpur Market Association Regd. Versus Delhi Urban Shelter Improvement Board (Dusib) & Ors observed and has ordered status quo on Delhi Urban Shelter Improvement Board (DUSIB)’s decision to demolish about 34 shops in possession of members of Khanpur Market Association. The vacation bench headed by Justice Amit Mahajan observed and has issued a notice on the petition moved Khanpur Market Association challenging an order passed by DUSIB on 27.12.2022, wherein it has been directed that belonging from the shops in question be removed within seven days. However, it has been alleged in the notice that the shops have been constructed unauthorizedly on the land belonging to DUSIB. The court directed that in the meantime, till the next date of hearing, the respondents are directed to maintain the status quo with regard to the shops in possession of the members of the petitioner association. In the present case, it was the petitioner association’s case that its members have been in possession of the shops for more than last 50 years and that the notice was being issued without any opinion which is being formed by the appropriate Government on Social Impact Assessment (SIA) Study. Therefore, it has been submitted by the counsel appearing for the petitioner association that consideration of the study is mandatory in terms of the provisions of Right to Fair Compensation and for Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The present petition was accompanied with an application for ex-parte interim stay against eviction and demolition of the shops or jhuggies. Accordingly, the court listed the matter for next hearing on February 14. The counsels, Advocate Shoaib Khan and Advocate Fahim Khan represented the petitioner association.