SUBHASH SOLANKI Vs. DELHI URBAN SHELTER IMPROVEMENT BOARD
LAWS(DLH)-2023-3-14
HIGH COURT OF DELHI
Decided on March 17,2023

Subhash Solanki Appellant
VERSUS
Delhi Urban Shelter Improvement Board Respondents

JUDGEMENT

- (1.)The present appeal has been filed by the Appellant being aggrieved by the Judgment dtd. 7/10/2022, passed by the learned Single Judge in W.P.(C) 14254/2022. The said Writ Petition was filed against the Orders passed by the Respondents herein for eviction of the Appellant in respect of shop No.38, DDA Market, Dakshin Puri Extension, New Delhi- 110062 (hereinafter referred to as 'shop in question'). These proceedings were constituted under the Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as 'DUSIB Act, 2010').
(2.)It is stated that the Appellant was merely 14 years of age when the shop in question was allotted to his father in the year 1976. It is stated that when the father of the Appellant had passed away in 2009, the Appellant was not aware of the terms and conditions of the allotment, and therefore, he could not apply for mutation of the shop in question in this name as legal heir of his father. It is stated that Delhi Urban Shelter Improvement Board came into existence on 1/7/2010 after the father of the Appellant had passed away.
(3.)It is stated that after the demise of the father, the Appellant continued to carry on his business on the shop in question and that no formal allotment letter had ever been issued to the father of the Appellant, and that only a possession slip had been handed over to the father of the Appellant.
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