Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1212/23
SHANKAR THAKUR Vs. MUNICIPAL CORPORATION OF DELHI
12.02.2026
AT 03:00 PM
Present: Mr. Sharvan and Mr. Rajnish Pratap, Ld. Counsels for the
applicant / plaintiff.
Notice issued to non applicant / DSIIDC has been returned
back with the report served. The stamp of the Department is also clearly
visible on the report placed before the Court. Ld. Counsel for the plaintiff
in fact has filed a copy of email with regards service upon DSIIDC as
well. Despite the same, none has appeared.
The matter in question pertains to rival contentions on either
side vis-a-vis encroachment on public roads, with regards which the
plaintiff has claimed that his shop in question is not situated on any such
public road. If that be so, strictly speaking, the suit in question must be
pursued before Designated Infrastructure Court notified U/s 20B Specific
Relief Act. Having said so, since the suit proceedings are underway
irrespective since 15.09.2023 and recently on LDOH, MCD was deleted
as a party / defendant, it having argued that jurisdiction of DSIIDC is
made out and not that of MCD, with the plaintiff having filed the present
urgent application for interim orders qua coercive action by DSIIDC
before 24.02.2026, when contempt proceedings are pending before the
Hon'ble High Court of Delhi, the Court found it proper to hear from
DSIIDC first. Despite the same, none has appeared. Ld. Counsel has
sought restraining orders to ward off any action by DSIIDC without
following proper procedure.
Due process is at the heart of every State action. The same
has been highlighted in recent pronouncements of Hon’ble Supreme Court
in Re Manoj Tibrewal Akash (Writ Petition (Civil) 1294 of 2020 (2024
SCC OnLine SC 3210) and Re: Directions in the matter of demolition
of structures 2024 INSC 866. In essence, directions passed by the Hon’ble
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Court in both such matters provide for due opportunity being granted to
aggrieved parties before taking action, lest the same becomes arbitrary. In
the present case as well, such benefit is liable to be afforded to the
plaintiff.
Accordingly, DSIIDC is hereby restrained from carrying out
demolition of the shop of the plaintiff (Old No. 1578, New No.:
N-28/F-78, CSA Colony, Wazirpur Industrial Area, Delhi-110052) without
following due process as outlined in the above-mentioned two judgments
passed by the Hon’ble Supreme Court laying down directions,
inter alia,
vis-a-vis notice to be issued first granting sufficient time for reply,
deciding objections by a written / speaking order and also allowing time to
vacate the property, if objections are found to be unsustainable.
It is made clear that the above directions are being passed
only in interests of due process, to which every individual is entitled for.
The present restraining orders shall not come in the way of the authorities
concerned / DSIIDC to move forward in case due process has already been
followed or is subsequently followed, going forward.
Having said so, the plaintiff to explain on NDOH as to how
and under what circumstances can the present suit be continued before this
Court on the aspect of the issue of Designated Infrastructure Courts, as
noted above already. It is made clear that if for any reason whatsoever
proper explanation is not furnished, not only interim orders shall stand
vacated, but adverse orders qua the suit itself shall be passed.
Apart from the above, no further directions are required to
be passed.
Re-list on date already given for 22.04.2026.
Copy of this order be given dasti.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
12.02.2026
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