Prepare SOP For SDMs On How To Give Effect To Orders On Recovery And Eviction: High Court Directs Delhi Govt

The Delhi High Court has directed the Delhi Government to prepare a standard operating procedure (SOP) for all SDMs on the manner in which judicial orders of eviction and recovery are to be given effect to.

Justice Prathiba M Singh said that it has been “repeatedly noticed” that various orders for enforcement of possession and recovery which are to be given effect to by the concerned SDM are “not dealt with expeditiously and with alacrity.”

“The GNCTD ought to issue SOPs as guidelines for all the SDMs to ensure implementation of orders passed by the Court and also the manner in which orders of eviction and recovery that may be passed are given effect to,” the court said.

The court directed the Delhi government to prepare and circulate the SOP to all SDMs within three months. It added that the government may approach the court in case any extension of time is needed.

“In respect of the SDM’s power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and other statutes there is an emergent need for sensitization of the SDM’s in order to give effect to orders passed by various Courts,” it added.

Justice Singh was hearing a plea moved by one Chatur Sain seeking direction for compliance of the order dated September 24, 2018, passed by the District Magistrate under the Senior Citizens Act, 2007. It was directed hat the possession of a property be handed over to the petitioner.

On October 18 last year in another writ petition, an undertaking was given by a woman stating that she would vacate the subject property within three weeks.

Thereafter, on December 20, 2022, the counsel appearing for the Delhi Government and the Tehsildar submitted that the order would be enforced and steps for eviction would be taken. The court had then directed that the enforcement be given effect to and a report be filed.

However, on February 07, the counsel appearing for Delhi Government and the SDM handed over a report stating that the subject property was locked and thus the eviction could not be carried out.

After court’s directions, the Delhi Government on March 01 submitted that the possession of the property was handed over to the petitioner.

While disposing of the plea, the court directed the government to prepare the SOP.

“It is repeatedly noticed by this Court that various orders for enforcement of possession and recovery which are to be given effect to by the SDM are not dealt with expeditiously and with alacrity,” it said.

Title: CHATUR SAIN v. GOVERNMENT OF NCT OF DELHI & ORS

Citation: 2023 LiveLaw (Del) 198

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