The decision was made in response to a plea submitted by Sunil Kumar, who had previously received three show cause notices and had been granted a stay of eviction by the civil court on December 14.
Supreme Court gives out judgement in favour of citizens
A bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Friday prevented the eviction of the owner of a chemist shop in Chandigarh and put a stop to the government’s auction, which was in direct violation of a civil court order allowing him to remain in possession because the shop lease was valid until September 2024. The bench, which also included Justices PS Narasimha and JB Pardiwala, gave the department of health and family welfare until Friday to respond. The bench stated, “We stay the direction of the high court of February 14 insofar as it permits the Chandigarh administration to lease out the shop, until the next date of hearing.
The decision was made in response to a plea submitted by Sunil Kumar, who had previously received three show-cause warnings and had been granted a stay of eviction by the civil court on December 14.
The top court was informed by senior attorney PS Patwalia, who was representing the aggrieved petitioner, that the Chandigarh home secretary, who has an office above a business there, is the one ordering the administration to take the action. Since 1993, he has been running the business, and his most recent five-year lease renewal was in September 2019.
“We are for citizens and citizens only,” the bench declared.
According to Patwalia, the first show of reason notice on his property was given on September 10 and alleged a violation of the terms of the lease due to unauthorized building. On September 15, another warning was sent in response. The petitioner was given permission by the ministry of family welfare and health to leave the area of the petitioner’s property that blocked public access on December 22.
The authorities eventually decided to destroy the encroached area, but the petitioner received a notice for contributing more than 31 crore. I am not a billionaire, Patwalia declared. I manage a little pharmacy. Their domain is not here. A government cannot function in this way.Usually, the supreme court noted that it would not be willing to accept the appeal without considering the other side. The trial judge’s ruling from 14 December 2022, however, “appears to continue to exist and does not appear to have been stayed in any earlier proceeding,” the bench stated.
In addition, if a stay was not granted, the petitioner would be evicted from the shop’s premises notwithstanding a court judgement in his favour as a result of the high court’s decision to allow the auction. Patwalia informed the high court that the administration had not taken this issue up.
The ruling stated, “We suspend the direction of the high court until the next date of hearing as much as it authorizes the Chandigarh Administration to lease out the shop.” The bench said, “We also direct that the Chandigarh Administration shall not proceed in contravention of the direction of injunction of 14 December until the next date of listing.”
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