The Delhi High Court has ruled in regards to a writ petition that challenges the New Delhi Municipal Council’s eviction notice issued to the occupants of Le Meridien’s commercial tower stating that the said showcause notice must include the grounds for eviction and must also offer the opportunity to respond to the grounds mentioned.
In response, NDMC’s counsel provided an oral undertaking that the status quo will be maintained by NDMC until the pendency of this writ remains but has asked for further time to file a counter affidavit.
The court has fixed the next date of hearing to be February 22.
Commercial Occupants Sent Eviction Notices
In September 2017, the NDMC had taken steps to seal the commercial tower of Hotel Le Meridien which has 98 occupants.
One of the sub-licensee advocate Dil Jit Singh Ahluwalia, filed a writ petition leading to the court directing NDMC to de-seal the premises immediately and leave it open so that NDMC can issue a show cause notice to every sub licensees and thereon start necessary proceedings as per law.
Consequently, NDMC issued fresh eviction notices on January 10 to all the sub licensees asking them to vacate the premises within 7 days.
Ahluwalia filed another writ petition challenging the order which was heard this week .
Notice Fails To Provide Grounds
The NDMC notice signed by an NDMC official states that the occupants are required to be “stopped from using the premises” for any purpose and are “further liable to be removed” , adding that the premises need to be vacated within seven working days. The notice also stated that any arrangements that the sub licensees had with CJ International are “per se illegal having no sanction from NDMC.”
Ahluwalia pointed out that the NDMC order “surprisingly” does not allow sub licensees to contest “unauthorized occupation on merits”, which he said was “against the earlier High Court order.”
