Delhi High Court Orders Status Quo On DUSIB’s Demolition Action Against Shops In Khanpur Market

The Delhi High Court 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.

A vacation bench of Justice Amit Mahajan issued notice on the plea moved by Khanpur Market Association challenging an order passed by DUSIB on December 27, 2022 directing that belongings from the shops in question be removed within seven days. 

The notice alleged that the shops have been constructed unauthorizedly on the land belonging to DUSIB.

“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 court ordered, while listing the matter for hearing next on February 14.

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 issued without any opinion being formed by the appropriate Government on Social Impact Assessment (SIA) Study.

The counsel appearing for the petitioner association submitted consideration of the study is mandatory in terms of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The plea was accompanied with an application for ex-parte interim stay against eviction and demolition of the shops or jhuggies.

Advocates Shoaib Khan and Fahim Khan represented the petitioner association.

Title: KHANPUR MARKET ASSOCIATION REGD. v. DELHI URBAN SHELTER IMPROVEMENT BOARD (DUSIB) & ORS.

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