Delhi High Court States that Interim Protection will Prevail till Trial Court Hears the Case

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In the case of R. K. Yadav v. Delhi Development Authority, Justice Sanjeev Sachdeva directed that till a trial court takes up the petitioner’s application into consideration, the interim protection granted to the petitioner shall operate. Accordingly, the petition was disposed of.

Brief Facts

The Petitioner is the owner of the property in question. His father purchased the property in December 1960 and they have been occupying the same ever since. The land fell in the village abadi and no sanction plan was required for it.

An impugned order in a suit was passed under section 30 of the Delhi Development Authority, 1957, Notice dated 29.06.2020 DDA which directed the petitioner to remove the allegedly unauthorised illegal construction within a period of 10 days, failing which they were threatened coercive action of forceful removal of the construction. 

Arguments Before the Court

Counsel for the petitioner submitted that in the impugned order in the suit filed by the petitioner, the Trial Court while issuing notice declined to grant ex parte interim protection to the petitioner consequent to which the subject petition was filed. By order dated 15.07.2020 this Court directed that no coercive action shall be taken against the subject property of the petitioner consequent to notice dated 29.06.2020 till the next date of hearing.

Learned counsel for the petitioner submitted that replication to the written statement will be filed with the Trial Court within 30 days from the date of hearing. Learned counsel appearing for the respondent submitted that the reply to the pending applications before the Trial Court will also be filed within a period of four weeks from the date of hearing.

Court’s Decision

It was observed that till the trial court takes up the petitioner’s application under Order 29 Rules 1 & 2 for consideration, the interim protection granted to the petitioner by order dated 15.07.2020 shall continue to operate and it would be open to the Trial Court to extend or decline to extend the interim order on the next date of hearing based on the pleadings of the parties. Accordingly, the petition was disposed of.


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