Delhi HC's notice to DUSIB on Khanpur Market Association's plea against demolition notice
Jan 03, 2023
New Delhi [India], January 3 : The Delhi High Court has issued a notice to the Delhi Urban Shelter Improvement Board (DUSIB) on a plea by Khanpur Market Association challenging a demolition notice.
The high court has ordered to maintain a status quo till the next date of hearing.
On Monday, the Vacation Bench of Justice Amit Mahajan issued a notice to DUSIB and listed the matter for February 14.
Justice Mahajan said, "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."
The petitioner association has challenged the order of December 27, 2022, issued by DUSIB which directed that the belongings from the earmarked shops be removed within seven days from the date of the notice, which ended Tuesday.
Advocate Shoaib Khan and Faheem Khan counsels for the petitioner association, submitted
that the members of the petitioner association are in possession of the shops in question for more than 50 years.
It was further submitted that the said notice had been issued without any opinion being formed by the appropriate Government on Social Impact Assessment (SIA) Study.
It was also submitted that the consideration of the said study is mandatory in terms of the
provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The same was the subject matter of an earlier writ petition filed before this Court and despite the observation made by this Court in the order of October 6, 2022, no action was taken and the impugned notice has been issued, it was also submitted.
The 34 shops in question are in possession of members of the Khanpur Market Association, the petitioner said.
On the other hand, it has been alleged in the notice that the earmarked shops are constructed unauthorizedly on the land belonging to DUSIB, the court noted in the order.